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WM. J. McINTIRE COAL CO., INC. v. PennDER.

No. 2937 C.D. 1986.

108 Pa.Commw. 443 (1987)

530 A.2d 140

William J. McIntire Coal Co., Inc., et al., Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

August 13, 1987.

Attorney(s) appearing for the Case

Gregg M. Rosen, Rosen & Mahfood, for petitioners.

Leo M. Stepanian, for petitioners, William J. McIntire Coal Co., Inc., and William J. McIntire, individually.

B. Patrick Costello, Costello & Berk, for petitioner, Ronald G. McIntire Coal Co., Inc. and Ronald G. McIntire, individually.

Diana J. Stares, Assistant Counsel, for respondent.

Argued April 21, 1987, before Judges CRAIG and DOYLE, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY SENIOR JUDGE BARBIERI, August 13, 1987:

William J. McIntire Coal Co., Inc., William J. McIntire, and Ronald G. McIntire (collectively McIntires), appeal a decision of the Environmental Hearing Board (Board) affirming an order of the Department of Environmental Resources (Department). The Department's order, dated July 29, 1983, directed the McIntires to permanently treat or abate acid mine drainage emanating from an area known as the Heilman Mine in Armstrong...

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