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SW. PA. NAT. RESOURCES, INC. v. D.E.R

No. 1033 C.D. 1982.

77 Pa.Commw. 114 (1983)

Southwest Pennsylvania Natural Resources, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

September 12, 1983.

Attorney(s) appearing for the Case

Thomas W. Hills, with him Robert O. Lampl and Edward A. Olds, for petitioner.

Diana J. Stares, Assistant Counsel, for respondent.

Argued May 9, 1983, before Judges CRAIG, MacPHAIL and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, September 12, 1983:

On March 11, 1982, the Environmental Hearing Board (Board) issued an adjudication regarding the forfeiture by the Department of Environmental Resources (DER) of a surety bond which guaranteed reclamation of a 44.1 acre surface mining site operated by Southwest Pennsylvania Natural Resources, Inc. (Petitioner). The Board permitted the bond, in the amount of $44,100, to be forfeited to the extent of $20,000. The $20,000...

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