Commonwealth v. Harmar Coal Co.

Opinion by

Mr. Chief Justice Jones,

These appeals raise vital questions concerning the power of the Commonwealth’s Department of Environmental Resources to control and eliminate water pollution. Although the procedural history of each appeal differs, both appeals raise similar legal issues and, therefore, are considered in one opinion.

On March 6, 1970, the Sanitary Water Board of the Commonwealth of Pennsylvania (Board) issued an adjudication and order denying Harmar Coal Company’s (Harmar) application for a mine drainage permit approving the discharge of untreated acid mine drainage from the…