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York, City of v. Department of Envtl. Resources

Citation: 7 ELR 20076
No. No. 186 C.D. 1976, 364 A.2d 978/(Pa. Commw. Ct., 10/20/1976)

Reversing an order issued by the Environmental Hearing Board, the court finds that the Department of Environmental Resources (DER) has the power to direct municipalities to implement a regional solid waste management plan. Several of the townships previously adopted the plan, which DER had approved pursuant to the Pennsylvania Solid Waste Management Act (Act). The municipalities, however, refused to delegate to the regional authority their powers regarding solid waste disposal and are using a non-plan site for disposal. The court liberally construes the Act to effectuate its purposes of curtailing health hazards, pollution, and economic loss arising from improper solid waste disposal practices. Calling it an absurd notion that municipalities are free simply to abandon approved plans, the court finds that DER has the statutory authority to compel municipalities to meet their responsibilities by implementing the DER-approved plans.

Counsel for Appellees
D. Reed Anderson
Raymond L. Hovis
Stock and Leader
35 S. Duke St.
York PA 17401
(717) 843-8871

John W. Thompson, Jr., City Solicitor
103 E. Market St.
York PA 17401
(717) 843-9957

Donald H. Yost
Wogan, Elsesser, Yost & Bupp
42 E. King St.
York PA 17401
(717) 843-8081

Counsel for Appellant
Dennis J. Harnish, Asst. Attorney General
Department of Environmental Resources
101 S. Second St.
Harrisburg PA 17120
(717) 787-4449

Before BOWMAN, President Judge, and CRUMLISH, Jr., WILKINSON, MENCER, ROGERS and BLATT, JJ.