BERKS COUNTY v. DEP


894 A.2d 183 (2006)

BERKS COUNTY, Petitioner v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, and FR&S, Inc., and Pioneer Crossing Landfill, Respondents.

Commonwealth Court of Pennsylvania.

Decided February 28, 2006.


Attorney(s) appearing for the Case

Charles E. Gutshall and Kenneth L. Joel, Harrisburg, for petitioner.

Craig S. Lambeth, Asst. Counsel, Harrisburg, for respondent, Department of Environmental Protection.

William F. Fox, Jr., Harleysville, for respondent, FR&S, Inc. and Pioneer Crossing Landfill.

BEFORE: McGINLEY, Judge, and SIMPSON, Judge, and LEAVITT, Judge.


OPINION BY Judge McGINLEY.

Berks County (Petitioner) petitions for review of an order of the Environmental Hearing Board (EHB) which denied its appeal from the Pennsylvania Department of Environmental Protection's (DEP) issuance of a major modification to Solid Waste Permit No. 100346. The modification authorized FR & S, Inc. (Permittee), owner of the Pioneer Crossing Landfill (Landfill), to increase the Landfill's average and maximum daily volumes and expand...

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