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eBook details

• Title: Ainjar Trust v. Dep't of Environmental Protection
• Author : Commonwealth Court of Pennsylvania
• Release Date : January 28, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

Argued: July 10, 2002 OPINION The Ainjar Trust, John O. Vartan, Trustee (Vartan) petitions this Court to review an order of the Environmental Hearing Board (Board) affirming the approval by the Department of Environmental Protection (DEP) of a sewage planning module for a proposed development. We affirm. Vartan owns a tract of land in Susquehanna Township (Township) adjacent to a proposed residential development called Margaret's Grove, which is to be developed by The McNaughton Company (McNaughton). Vartan is a competing developer, who opposes the sewage planning module proposed by McNaughton for Margaret's Grove. A sewage planning module is essentially a revision to a township's existing sewage facilities plan, in this case, one that contemplates additional connections and flows from the new development. Both the Township and DEP approved the module, which would add an additional 49,290 gallons per day (GPD) from the development to the Township's existing public sewage system. Vartan appealed from the DEP's decision to approve the module, and the matter was heard by the Board. After six days of hearings, and the compilation of a huge record, the Board dismissed Vartan's appeal. The Board's 155 findings of fact are modestly summarized as follows.

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