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FR&S, INC. v. PennDER

Nos. 3044 C.D. 1986 and 1667 C.D. 1987.

113 Pa.Commw. 576 (1988)

537 A.2d 957

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

Commonwealth Court of Pennsylvania.

February 22, 1988.

Attorney(s) appearing for the Case

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

Winifred M. Prendergast, Assistant Counsel, for respondent.

Andrew H. Cline, Deputy General Counsel, with him, Timothy D. Searchinger and Henry G. Barr, Deputy General Counsels, for intervenor, Environmental Hearing Board.

Argued December 16, 1987, before President Judge CRUMLISH, JR., and Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS and PALLADINO.

OPINION BY JUDGE CRAIG, February 22, 1988:

FR&S, Inc., a landfill owner and operator, has appealed a decision of the Environmental Hearing Board issued June 16, 1987, which affirmed an April 11, 1983 order of the Pennsylvania Department of Environmental Resources (DER) requiring the closure of the FR&S landfill site and denying FR&S' application for a permit under the Solid Waste Management Act.1

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