Concerned Residents of the Yough, Inc. v. Department of Environmental Resources

OPINION OF THE COURT

FLAHERTY, Justice.

This is an appeal by allowance from a memorandum decision of the Commonwealth Court which affirmed in part and reversed in part a decision of the Environmental Hearing Board (EHB). The EHB had affirmed an order of the Department of Environmental Resources (DER) granting approval of a closure plan for a waste disposal facility in West-moreland County.

The facility, known as Impoundment No. 5, had since 1977 been operated by the appellant, Mill Service, Inc., as a site for disposal of residual industrial waste. Following the 1980 enactment of the Solid Waste…