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VESTA MIN. v. DEPT. OF ENV. RESOURCES

164 Pa.Commw. 144 (1994)

642 A.2d 568

VESTA MINING COMPANY, Petitioner, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided May 18, 1994.

Attorney(s) appearing for the Case

Stanley R. Geary, for appellant.

Theresa Grencik, Asst. Counsel, for respondent.

Before CRAIG, President Judge, and KELLEY, J., RODGERS, Senior Judge.

RODGERS, Senior Judge.

Vesta Mining Company (Vesta) appeals an Environmental Hearing Board (EHB) order which dismissed Vesta's appeal challenging the effluent limitations imposed by the Department of Environmental Resources (DER) in a revised permit for two gravity discharges of a Vesta coal mine.

In 1986, DER issued a Coal Mining Activity Permit (CMAP) to Vesta authorizing it to discharge mine drainage into a stream known as Fishpot Run in Washington County...

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