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MATHIES COAL CO. v. PennDER

No. 1860 C.D. 1985.

100 Pa.Commw. 311 (1986)

514 A.2d 677

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

Commonwealth Court of Pennsylvania.

September 4, 1986.

Attorney(s) appearing for the Case

Chester R. Babst, III, with him, Joseph M. Karas and Joseph R. Brendel, Thorp, Reed & Armstrong, for petitioner.

Zelda Curtiss, Assistant Counsel, for respondent.

Argued June 9, 1986, before President Judge CRUMLISH, JR., Judge BARRY, and Senior Judge ROGERS, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., September 4, 1986:

Mathies Coal Company appeals an Environmental Hearing Board (EHB) order upholding limitations by the Department of Environmental Resources (DER) on the amount of iron, manganese and aluminum in the discharge from Mathies' treatment plant. These limitations were imposed in an amended National Pollutant Discharge Elimination System (NPDES) permit which allowed an increased discharge from the plant. We affirm...

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