Department of Environmental Protection v. Peters Township Sanitary Authority

PELLEGRINI, Judge.

The Commonwealth of Pennsylvania, Department of Environmental Protection (DEP) appeals an order of the Environmental Hearing Board (Board) allowing additional interest expenses of Peters Township Sanitary Authority (PTSA) for 1994 to be claimed in 1997, as a cost to be subsidized under the “Contribution by Commonwealth to Costs of Abating Pollution Act” (Act 339). 1

Act 339 provides an annual subsidy equal to two percent of the cost incurred in the acquisition and construction of publicly owned sewage treatment facilities. 35 P.S. § 701. An application for the subsidy is…