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PennDER v. PA. MINES CORP.

No. 2507 C.D. 1985.

102 Pa.Commw. 452 (1986)

519 A.2d 522

Commonwealth of Pennsylvania, Department of Environmental Resources, Petitioner v. Pennsylvania Mines Corporation, Respondent.

Commonwealth Court of Pennsylvania.

December 12, 1986.

Attorney(s) appearing for the Case

William F. Larkin, Assistant Counsel, for petitioner.

R. Henry Moore, Rose, Schmidt, Chapman, Duff & Hasley, with him, Joseph T. Kosek, Jr., for respondent.

Argued October 9, 1986, before Judges CRAIG and DOYLE, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE DOYLE, December 12, 1986:

The Department of Environmental Resources (DER) appeals from an order of the Environmental Hearing Board (Board) which vacated DER's order requiring Pennsylvania Mines Corporation (PMC) to cease operating a coal mine elevator until repairs were made to it. We affirm.

PMC operates a coal mine known as the Greenwich No. 2 Mine (Greenwich Mine), a deep mine subject to the provisions of the Pennsylvania Bituminous Coal...

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