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HARMAN COAL CO. v. DER ET AL.

No. 241 C.D. 1977.

34 Pa.Commw. 610 (1978)

Harman Coal Company, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources and Borough of Brookville, Respondents.

Commonwealth Court of Pennsylvania.

April 11, 1978.

Attorney(s) appearing for the Case

Joseph N. Mack, with him Mack and Bonya; Blair S. McMillin; and Reed, Smith, Shaw & McClay, for petitioner.

Elissa A. Parker, Assistant Attorney General, with her Donald J. Dennison, and Dennison and Mattson, for respondents.

Argued February 28, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DiSALLE.

OPINION BY JUDGE ROGERS, April 11, 1978:

The Harman Coal Company (Harman) has filed a petition to review an order of the Pennsylvania Environmental Hearing Board (EHB) affirming the denial by the Pennsylvania Department of Environmental Resources (DER) of Harman's application for a mine drainage permit pursuant to The Clean Streams Law, Act of June 22, 1937, P.L. 1987, as amended, 35 P.S. § 691.1 et seq.

Sometime prior to 1974, Harman leased approximately...

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