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BOROUGH BALDWIN AND BOROUGH PLEASANT HILLS v. COMMONWEALTH PENNSYLVANIA (12/27/74)

decided: December 27, 1974.

THE BOROUGH OF BALDWIN AND THE BOROUGH OF PLEASANT HILLS, APPELLANTS,
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES, APPELLEE. SOUTH PARK TOWNSHIP BOARD OF SUPERVISORS, APPELLANT, V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES, APPELLEE



Appeals from the Order of the Environmental Hearing Board in case of Commonwealth of Pennsylvania, Department of Environmental Resources v. South Park Township Board of Supervisors, Pleasant Hills Borough and Baldwin Borough, Docket No. 23-218, 223 and 240.

COUNSEL

John R. Luke, with him Luke and Dempsey, for appellant, Borough of Baldwin.

Henry E. Rea, Jr., with him Brandt, McManus, Brandt & Malone, for appellant, Borough of Pleasant Hills.

John R. McGinley, with him Grogan, Graffam & McGinley, for appellant, Pleasant Hills Authority.

John F. McGinty, with him Smiley & McGinty, for appellant, South Park Township.

Thomas M. Burke, Special Assistant Attorney General, with him Marvin A. Fein, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Rogers and Blatt. Judge Mencer did not participate. Opinion by Judge Blatt.

Author: Blatt

[ 16 Pa. Commw. Page 546]

This is an appeal from an order of the Environmental Hearing Board (EHB), dated November 29, 1973, revoking a supersedeas granted to each of the municipal appellants on July 18, 1973.

The appellant Boroughs of Baldwin and Pleasant Hills, and the appellant Township of South Park (municipalities) are local government subdivisions located in the southwestern part of Allegheny County. In 1957, the Pleasant Hills Authority was formed to provide a sewage disposal plant for portions of these

[ 16 Pa. Commw. Page 547]

    municipalities, and it now serves approximately 8,000 homes in the area.

On June 20, 1973 the Department of Environmental Resources (DER) issued orders to each of the municipalities reciting findings that raw sewage was occasionally by-passing the Pleasant Hills Authority plant and was polluting Lick Run, a water of the Commonwealth. This pollution was allegedly caused by the infiltration of surface and storm water into the sanitary sewer system during periods of heavy rainfall, when the resultant overload in the system required the Authority to open its by-pass gates and permit the excess water and raw sewage to flow, untreated, into Lick Run. To remedy this situation, the DER issued, without prior notice or opportunity for a hearing, an order which prohibited the municipalities from granting any new building permits, and it further directed that appropriate steps be taken to eliminate the excess infiltration. Upon receipt of these orders, the municipalities filed timely appeals and petitioned the EHB for supersedeas. A hearing was ...


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