Commonwealth of Pennsylvania Department of Environmental Resources v. Mill Service, Inc.

Opinion by

Judge Wilkinson,

This case is an appeal by Mill Service, Inc. (appellant) from a decision and order of the Pennsylvania Environ*644mental Hearing Board (Board), sustaining an action of the Department of Environmental Resources revoking appellant’s industrial waste permit. We find the Department abused its discretion in taking such action and modify the Board’s order.

Appellant owns and operates an industrial waste treatment facility in South Huntingdon Township, Pennsylvania, which is in part of the Sewickley Creek Watershed. In the course of its business, appellant collects an acidic…