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Argued: September 10, 2001

Before this Court in its original jurisdiction are preliminary objections filed by the Pennsylvania Department of Environmental Protection (the Department) and Stanley J. Lehman (Lehman)(collectively Respondents), in response to a complaint filed on July 31, 2000, in the Luzerne County Court of Common Pleas (Common Pleas Court) by Karl and Jennie Heck (Petitioners) against Penn Lake Park Borough (the Borough), the Department, Lehman and Shaun Kuter, both of whom are Department employees.

On June 29, 1994, the Borough adopted an official sewage facilities plan (the Plan) to address the sewage requirements of its residents pursuant to the Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. ��750.1-750.20a (Act 537). After subsequent revisions, the last of which occurred on August 8, 1995, the final Plan stipulated that “new sewage facilities are required for the Borough to comply with the Department of Environmental Resources Rules and Regulations governing sewage disposal.” The Plan was approved by the Department pursuant to its authority under Act 537 and the regulations promulgated thereunder. Along with the Plan, the Borough adopted a schedule calling for implementation of the Plan over a 60-month time frame. It is averred by Petitioners that to date, the Borough’s Plan has not been fully implemented.

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