Borough of Dunmore v. Department of Environmental Resources

LEDERER, Senior Judge.

The Borough of Dunmore (Dunmore) petitions for review of an order by the Environmental Hearing Board (EHB) which granted summary judgment in favor of the Department of Environmental Resources (DER) on DER’s allocation of the host municipality benefit fee payable under Section 1301 of the Municipal Waste Planning, Recycling and Waste Reduction Act1 (popularly called Act 101), 53 P.S. § 4000.1301, between Dunmore and the Borough of Throop (Throop).

At the center of this dispute is the Logan-Tabor landfill, which is located partly in Dunmore and partly in Throop. The site is…