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W. HICKORY COAL CO. v. DEPT. OF ENV. RES.

No. 1733 C.D. 1983.

86 Pa.Commw. 562 (1984)

Western Hickory Coal Company, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

December 31, 1984.

Attorney(s) appearing for the Case

Bruno A. Muscatello, Stepanian & Muscatello, for petitioner.

Alan S. Miller, with him, Stanley R. Geary, Assistant Counsel, for respondent.

Argued November 15, 1984, before Judges ROGERS, MacPHAIL and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE ROGERS, December 31, 1984:

This is the appeal of Western Hickory Coal Company (Western Hickory) from an order of the Environmental Hearing Board (EHB) upholding the assessment upon the appellant by the Department of Environmental Resources (DER) of a civil penalty in the amount of $5,000.00.

The DER granted Western Hickory permits to conduct surface mining on sites in Butler County. In July of 1981, Western Hickory's surface mining operations...

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