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FR&S, INC. v. PennDER.

No. 3044 C.D. 1986.

104 Pa.Commw. 647 (1987)

522 A.2d 1190

FR&S, Inc., a Pennsylvania Corporation, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

March 23, 1987.

Attorney(s) appearing for the Case

William F. Fox, Jr., Fox, Differ, Callahan, Ulrich & O'Hara, for petitioner.

Andrew H. Cline, Associate Deputy General Counsel, with him, Barry M. Hartman, Administrative Deputy General Counsel, and Henry G. Barr, General Counsel, for respondent.

Submitted on briefs February 23, 1987, before Judges CRAIG and DOYLE, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE CRAIG, March 23, 1987:

In 1983, the Department of Environmental Resources issued an order denying the present petitioner, FR&S, Inc., a solid waste permit and directed that the petitioner cease all operations at its solid waste disposal site.

On May 10, 1983, FR&S timely filed a Notice of Appeal with the Environmental Hearing Board, requesting that the board review that order. An examiner held a hearing which was completed on August...

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