Appeal from the Order of the Secretary of Health dismissing an appeal from the action of the Bucks County Department of Health in case of In re: Application of Shires Swim Club.
Robert J. Sugarman, with him Bernard A. Ryan, Jr. and Dechert, Price & Rhoads, for appellants.
Carl L. Mease, Assistant Attorney General, with him Richard B. Springer, Assistant Attorney General, and J. Shane Creamer, Attorney General, for appellee Secretary of Health.
John Philip Diefenderfer, with him Stuckert, Yates & Krewson, for appellee, Shires Swim Club.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Manderino, Mencer and Rogers. Opinion by Judge Rogers.
This is an appeal from the action of the Secretary of the Department of Health refusing to entertain an appeal from the grant by the Bucks County Department of Health of a permit for the installation of an individual sewage disposal facility pursuant to the Pennsylvania Sewage Facilities Act, 1966, January 24, P.L. 1535 (1965), 35 P.S. 750.1 et seq.
The appellee, Shires Swim Club, Inc., a nonprofit corporation, desiring to construct a swimming pool in Northampton Township, Bucks County, applied, as required by Section 7(a) of the above cited act, 35 P.S. 750.7(a), to the Bucks County Department of Health
for a permit to locate and construct a sewage disposal system. Its application made on forms provided by the County Department of Health contains detailed information as to the location, type and size of the proposed system, the activities and number of users it is to serve, the nature of the ground in which it is to be installed and other information required by the form, and was accompanied by the results of percolation tests made by a registered engineer and sketches of the proposed installation and of the premises showing location of buildings, lot lines and other pertinent details. The applicant, as also required by the forms, agreed in writing that the system would be constructed in accordance with approved plans and with the rules and regulations and technical standards of the Health Department. In addition, the application form included a provision for Health Department inspection of the system after completion and formal certification by the Department of compliance with the approved plans and rules, regulations and standards.
The appellant, Committee to Preserve Mill Creek, is in the words of its counsel, "a group of citizens . . . concerned with the preservation of the Mill Creek Valley and its flood plain as a public asset." The individual appellants, Dennis O'Ryan, Clark Moore and Joseph Krafchek own properties adjacent to the Shires Swim Club property. All appellants are apparently in opposition to the use of the Shires property as a swim club and to this end have been engaged in zoning litigation in an effort to prevent its establishment.
The County Department of Health examined the Shires application, caused an inspection to be made of the site and issued its permit to construct the proposed sewage system. Thereafter, the appellants, by their counsel, wrote ...