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CHESTER RESIDENTS v. DEPT. OF ENVIR. RES.

542 Pa. 410 (1995)

668 A.2d 110

CHESTER RESIDENTS CONCERNED FOR QUALITY LIVING, Appellees, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Appellant. Appeal of THERMAL PURE SYSTEMS, INC.

Supreme Court of Pennsylvania.

Decided November 22, 1995.

Reargument Denied December 28, 1995.

Attorney(s) appearing for the Case

Bruce W. Kauffman, Glen R. Stuart, J. Bradford Mellvain, Philadelphia, for Thermal Pure Systems, Inc.

Jerome Balter, Philadelphia, for Chester Residents Concerned for Quality Living.

Mark L. Freed, Conshohocken, for Comm., Dept. of Environ. Resources.

Before NIX, C.J., and FLAHERTY, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION

MONTEMURO, Justice.

In June of 1990, the Department of Environmental Resources (DER) adopted an Infectious and Chemotherapeutic Waste Plan pursuant to the Infectious and Chemotherapeutic Waste Disposal Act, 35 P.S. §§ 6019.1-6019.6 (I/C Act). Approximately three years later, in July of 1993, DER issued a permit to Thermal Pure, Inc. for the construction and operation of a commercial waste treatment and transfer facility which utilized...

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