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COM. v. PHILADELPHIA SUBURBAN WATER CO.

135 Pa.Commw. 283 (1990)

581 A.2d 984

COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Petitioner, v. PHILADELPHIA SUBURBAN WATER COMPANY, Respondent.

Commonwealth Court of Pennsylvania.

Decided September 26, 1990.

Reargument Denied November 21, 1990.

Attorney(s) appearing for the Case

Scott R. Thistle, Asst. Counsel, for petitioner.

David B. MacGregor, with him, Wayne R. Dillahey, Morgan, Lewis & Bockius, Philadelphia (Mark J. Korpilak, of counsel), for respondent.

Before DOYLE and SMITH, JJ., and BARBIERI, Senior Judge.

DOYLE, Judge.

This is an appeal by the Department of Environmental Resources (DER) from an order of the Environmental Hearing Board (EHB) which sustained an appeal filed by the Philadelphia Suburban Water Company (PSWC). In its order the EHB declared null and void a modification order issued by DER to PSWC's allocation permit WA-67 and also declared null and void water allocation permit WA46-693A which DER had issued to the North Wales Water Authority (NWWA).

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