Commonwealth v. Washington County

FRIEDMAN, Judge.

The Department of Environmental Resources (DER) appeals from an order of the Environmental Hearing Board (the Board) which granted partial summary judgment to Washington County (the County). The Board found that DER had exceeded its authority in attaching certain conditions to its approval of Washington County’s municipal waste management plan and struck those conditions from the plan. The Board also granted partial summary judgment to DER, finding that DER’s failure to act on the County’s municipal waste management plan in a timely fashion did not result in a deemed approval…