Upper Allegheny Joint Sanitary Authority v. Commonwealth

CRAIG, Judge.

The Upper Allegheny Joint Sanitary Authority appeals from an order of the Environmental Hearing Board granting the motion for summary judgment of the Department of Environmental Resources and dismissing the authority’s appeal of the department’s action returning the authority’s unprocessed application for a sewage treatment plant subsidy pursuant to the Act of August 20, 1953, P.L. 1217, as amended, 35 P.S. § 701-703 (Act 339).

The issue in this case is whether the authority timely submitted its Act 339 application to the department.

The facts of this case are not in dispute. On…