Commonwealth v. Bethlehem Township Municipal Authority

Opinion by

Judge Doyle,

Before this Court is an appeal by the Department of Environmental Resources (DER) from a decision and order of the Environmental Hearing Board (EHB) sustaining an appeal by the Bethlehem Town*404ship Municipal Authority (Authority) from a refusal by the DEE to certify an amendment to the Authority’s sewage construction grant to the federal Environmental Protection Agency (EPA).

The facts in this case are undisputed. The Authority, seeking a federal construction grant to aid in the development of a sewer system pursuant to the federal Clean Water Act, 33 U.S.C. §§1251-1376…