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CASE INFORMATION
Case Number: 2016042
Appellant #1: BENNER TOWNSHIP WATER AUTHORITY

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CLOSED CASE

# Filing Date Description Documents (?)
1 04-01-2016 Notice of Appeal of the Department's issuance of Bellefonte Borough's Bio-Solids Application Permit No. PAG084814 regarding the Site of Spicer Family Farm, LLC, located in Benner Township, Centre County. Notice published in the Pennsylvania Bulletin March 12, 2016. (fax)
2 04-01-2016 Notice of Appeal
3 04-06-2016 PREHEARING ORDER NO. 1: Discovery completed by October 3, 2016; joint statement regarding settlement conference May 26, 2016; dispositive motions filed by November 2, 2016.
4 04-15-2016 Notice of Appearance for Dawn M. Herb, Assistant Counsel, DEP. (e-filed)
5 04-21-2016 NOTICE OF APPEARANCE: On behalf of [Brough of Bellefonte] Jeffrey W. Stover, Esquire, Bellefonte, Pa.
6 04-25-2016 Notice of Appearance of Randall Hurst for Appellant
7 05-06-2016 NOTICE OF APPEARANCE: On behalf of [Permittee] Scott T. Wyland, Esquire, Salzman Hughes, P.C., Harrisburg, Pa
8 05-13-2016 Parties' Joint Statement Certifying that the Parties have Conferred about Settlement. (E-filed)
9 10-19-2016 Motion To Extend Litigation Schedule
10 10-20-2016 ORDER: It is ordered that all discovery shall be completed by December 2, 2016; dispositive motions shall be filed on or before January 2, 2017.
11 11-08-2016 Permittee's Letter to Judge Requesting Extension of Time
12 11-09-2016 ORDER: All discovery to be completed by January 31, 2017; and dispositive motions to be filed by March 3, 2017.
13 12-23-2016 Motion to Compel Discovery
14 12-28-2016 ORDER: it is hereby ordered that the Department shall respond to the Motion on or before Wednesday, January 4, 2017.
15 12-29-2016 ORDER: It is hereby ordered that the parties shall participate in a conference by telephone on Friday, January 6, 2017 at 10:00 a.m.
16 01-04-2017 Department's Response to Appellant's Motion to Compel Discovery.(E-Filed)
17 01-10-2017 OPINION AND ORDER ON MOTION TO COMPEL: It is ordered that the motion is denied.
18 01-17-2017 Motion to Extend The Schedule
19 01-18-2017 Department's Response to Appellant's Motion to Extend the Schedule. (E-filed)
20 01-18-2017 ORDER: It is ordered: All discovery to be completed by March 31, 2017; and dispositive motions to be filed by May 2, 2017.
21 03-22-2017 Letter Request to Extend Litigation Schedule
22 03-22-2017 ORDER: It is ordered...1. All Discovery except responsive expert reports to be completed by May 1, 2017; 2. Experts for Appellees may submit an expert report responsive to Appellant's expert report by May 22, 2017; 3. Appellant may submit a rebuttal expert report by June 12, 2017; 4. Dispositive motions to be filed by July 17, 2017.
23 07-05-2017 Letter Request to allow longer Statement of Material Facts
24 07-05-2017 ORDER: Request to file a Statement of Material Facts of no more than seven (7) pages in this matter, the request is granted.
25 07-11-2017 Motion for Summary Judgment
26 08-08-2017 Joint Request for Leave of Board. (e-filed)
27 08-08-2017 ORDER: It is ordered each response to the Appellant's Statement of Undisputed Facts, that will be filed by the Department and Borough of Bellefonte separately, may not exceed 15 pages in length.
28 08-10-2017 Department of Environmental Protection's response to BTWA's motion for summary judgment with supporting statement, brief, exhibits, proposed order, and certificate of service. (e-filed)
29 08-10-2017 Permittee Bellefonte's Response to Appellants' Motion for Summary Judgment
30 08-24-2017 Appellant's Reply Brief
31 09-19-2017 OPINION AND ORDER ON APPELLANT'S MOTION FOR SUMMARY JUDGMENT: It is ordered that the motion is denied.
32 10-04-2017 ORDER: It is hereby ordered that the parties shall participate in a conference by telephone on Thursday, October 5, 2017 at 10:00 a.m.
33 10-05-2017 PRE-HEARING ORDER NO. 2: Hearing scheduled for January 22, 2018 9:00 a.m. and continuing into January 26, 2018 at the EHB Harrisburg office. (Commonwealth Reporting Co. Inc.) Appellant's pre-hearing memos due by November 22, 2017; Department and Permittee's pre-hearing memos due by December, 22, 2017. Factual stipulations must be filed with the Board 5 days before hearing date. Pre-hearing telephone conference scheduled for January 16, 2018 at 2:00 p.m.
34 10-31-2017 Motion in Limine to Limit Testimony of Departments Experts
35 11-15-2017 Permittee Bellefonte's Response to Motion in Limine
36 11-15-2017 DEP's Response to Appellant's Motion in Limine, proposed order, brief and certificate of service.
37 11-17-2017 NOTICE OF APPEARANCE: On behalf of [Permittee] Isaac Wakefield, Esquire, Salzmann Hughes, PC, Harrisburg, Pa.
38 11-22-2017 Appellant's Pre-hearing memorandum.
39 11-22-2017 Appellant's Prehearing Memorandum Attachments D through F.
40 11-30-2017 OPINION AND ORDER ON APPELLANT'S MOTION IN LIMINE: It is ordered that the motion is denied.
41 12-06-2017 Entry of Appearance Michael Reed
42 12-21-2017 Department's Pre-Hearing Memorandum. (e-filed)
43 12-22-2017 Permittee Bellefonte's Prehearing Memorandum
44 12-22-2017 Exhibits to Permittee's Prehearing Memorandum
45 12-26-2017 Department's "Exhibits D-1 through D-17" to its Prehearing Memorandum. (disk)
46 01-08-2018 Appellant's Supplement To Prehearing Memorandum
47 01-11-2018 NOTICE OF APPEARANCE: On behalf of the [Department] Maureen LaNoce, Northcentral Region, Williamsport.
48 01-11-2018 Joint Stipulation of Facts
49 01-23-2018 Appellant's Revised numbered Exhibits
50 01-23-2018 Appellant's Exhibits 11 through 27
51 02-09-2018 Transcripts received: Original and condensed of hearing held on January 22, 2018 in Harrisburg. (Commonwealth Reporting Co. Inc.)
52 02-09-2018 ORDER: Board having received the transcripts of the hearing on the merits in this matter, it is hereby ordered as follows: Appellant'S posthearing brief filed by March 12, 2018; Department and Permittee's posthearing briefs filed by April 11, 2018; and Appellant's reply brief filed by April 26, 2018.
53 02-14-2018 Transcripts received: Original and condensed of hearing held on January 23, 2018 in Harrisburg. (Commonwealth Reporting Co. Inc.)
54 02-16-2018 Transcripts received: Original and condensed of hearing held on January 24, 2018 in Harrisburg. (Commonwealth Reporting Co. Inc.)
55 02-20-2018 Transcripts received: Original and condensed of hearing held on January 25, 2018 in Harrisburg. (Commonwealth Reporting Co. Inc.)
56 03-12-2018 Appellant's Post Hearing Brief
57 04-11-2018 Department's Posthearing Brief. (E-filed).
58 04-11-2018 Permittee Bellefonte's Post-Hearing Brief
59 04-25-2018 Appellant's Reply Brief
60 10-17-2019 ADJUDICATION: It is hereby ordered that the appeal of Benner Township Water Authority is denied.
61 10-17-2019 ADJUDICATION: It is hereby ordered that the appeal of Benner Township Water Authority is denied.