Opinion
Argued December 6, 1971
October 4, 1972.
Argued December 6, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, Jr., MENCER and ROGERS. Judge MANDERINO did not participate.
Appeal, No. 652 C.D. 1971, from the Order of the Department of Environmental Resources in case of Appeal of Edward H. Behrle, No. 71-026.
Application to Department of Environmental Resources to construct and operate sewage treatment plant. Application denied. Denial affirmed by Environmental Hearing Board of Department of Environmental Resources. Applicant appealed to the Commonwealth Court of Pennsylvania. Held: Reversed. Per Curiam without opinion.
Holbrook M. Bunting, Jr., with him John P. Trevaskis, Jr., and Trevaskis, Doyle, Currie, Nolan Bunting, for appellant.
Carl L. Mease, Assistant Attorney General, with him Arthur M. Feld, Assistant Attorney General, and J. Shane Creamer, Attorney General, for appellee.
This is an appeal from an adjudication of the Department of Environmental Resources affirming its decision to deny appellant's application for a permit to construct and operate a sewage treatment plant to serve a proposed single family dwelling. We are of the opinion that the decision must be reversed. Accordingly, we issue the following
ORDER
AND NOW, this 4th day of October, 1972, the adjudication of the Department of Environmental Resources dated July 23, 1971 is reversed; the Department of Environmental Resources is hereby directed to issue a permit allowing appellant to construct a sewage treatment plant to serve the subject premises.