City of York v. Commonwealth

Opinion by

President Judge Bowman,

This is an appeal by the Department of Environmental Resources (DER) from an adjudication of the Environmental Hearing Board (EHB) concluding that DER lacks statutory authority to compel implementation of a regional solid waste management plan. The plan was adopted by appellees and ap*605proved by DER as provided by tbe Pennsylvania Solid Waste Management Act (Act), Act of July 31, 1968, P.L. 788, as amended, 35 P.S. §6001, et seq.

The underlying facts are as follows: Pursuant to the provisions of Section 5(a) of the Act, 35 P.S. §6005(a), the City of York and…