Wheelabrator Pottstown, Inc. v. Department of Environmental Resources

DOYLE, Judge.

Wheelabrator Pottstown, Inc. (WPI) appeals from an order of the Environmental Hearing Board (Board) which denied WPI’s petition to intervene in an appeal taken by Clements Waste Services, Inc., Recycling Works, Inc. and Brian Clements (collectively, Clements) from the Department of Environmental Resources’ (DER) conditional approval of the Berks County Municipal Solid Waste Management Plan (Berks County Plan).

The relevant facts are as follows: Pursuant to provisions of the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101),1 Berks County was required to prepare…