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BEDMINSTER TOWNSHIP v. COMMONWEALTH PENNSYLVANIA (01/18/85)

decided: January 18, 1985.

BEDMINSTER TOWNSHIP, WAYNE J. BUSFIELD ET AL., PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES, GEORGE KUEHNLE, PERMITTEE, AND THE CITY OF PHILADELPHIA, RESPONDENTS. WAYNE J. BUSFIELD ET AL., PETITIONERS V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES, GEORGE KUEHNLE, PERMITTEE, AND THE CITY OF PHILADELPHIA, RESPONDENTS



Appeals from the Order of the Environmental Hearing Board in the case of Wayne J. Busfield, et al. v. Commonwealth of Pennsylvania, Department of Environmental Resources and George Kuehnle, Permittee and the City of Philadelphia, Intervenor, No. 77-122-W.

COUNSEL

Mary C. Eberle, with her, Victor S. Jaczun, for petitioner, Bedminster Township.

Stephen B. Harris, for petitioner, Wayne J. Busfield, et al.

Denis B. Byrne, for respondent/permittee, George Kuehnle.

Flora Barth Wolf, with her, Alan J. Davis, City Solicitor, and Louis F. Hinman, III, Deputy City Solicitor, for respondent, City of Philadelphia.

Judges MacPhail, Colins and Palladino, sitting as a panel of three. Opinion by Judge Colins.

Author: Colins

[ 87 Pa. Commw. Page 149]

The Commonwealth of Pennsylvania, Department of Environmental Resources (DER) issued a solid waste disposal permit,*fn1 Permit No. 600015, to George

[ 87 Pa. Commw. Page 150]

W. Kuehnle. The permit authorized the application of sewage sludge*fn2 from the City of Philadelphia to a portion of Kuehnle's farm in Bedminster Township, Bucks County. Bedminster Township and local residents of the Township (petitioners) timely appealed the issuance of the permit to the Environmental Hearing Board (EHB). The EHB dismissed the appeal on the basis that Bedminster Township lacked standing and that the private citizens failed to show DER abused its discretion in granting the permit. Petitioners now petition this Court for review of the EHB's order.

Our scope of review of an order of the EHB is limited to a determination of whether constitutional rights were violated, whether an error of law was committed, or whether the findings of facts are supported by substantial evidence. Lucas v. Department of Environmental Resources, 53 Pa. Commonwealth Ct. 598, 420 A.2d 1 (1980).

Petitioner Bedminster Township first argues that it has standing to appeal the grant of a permit which allows the application of sewage sludge to land located within its ...


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