Joseph J. Brunner, Inc. v. Department of Environmental Protection

OPINION BY

President Judge COLINS.

This case involves Joseph J. Brunner Inc.’s (Brunner) petition for review of an order of the Environmental Hearing Board (EHB) wherein Brunner’s use of foundry sand as alternate daily cover (ADC) 1 was found to be subject to the $4 per ton fee under 27 Pa.C.S. § 6801(a). The EHB further found that the exception in § 6301(b)(1) did not apply to the foundry sand Brunner uses for ADC. Summary Judgment was granted to the Pennsylvania Department of Environmental Protection (DEP), and Brunner’s motion for summary judgment was denied. We reverse. 2

At issue in this…