ELR Citation: ELR 20494
No(s). 118 C.D. 1971 (Pa. Commw. Ct. Sep 10, 1971)

Appellants have failed to prove Sanitary Water Board abused discretion in sanctioning strip mining operations by bituminous coal company where the approved plan of operations contained extensive provisions for combating siltation and where the Board indicated it would approve facility before permitting operation and would supervise the project thereafter. Appellants' contentions that operation of another strip mine by same corporation demonstrated incapacity to avoid environmental harm and that company had filed a less than complete plan on the project were not persausive.

Counsel for Sierra Club:
John D. Killian
216 Pine
Harrisburg, PA 17105
(717) 238-2591

Counsel for Sanitary Water Board:
Allen B. Zerfoss Assistant Attorney General
Attorney General's Office
Harrisburg, PA 17108
(717) 787-2821

Counsel for Kristianson and Johnson Coal Co., Inc., Intervenor:
David L. Baird
Baird, McCamley & Miller
Moshannon Building
Phillipsburg, PA 16866
(814) 342-2240