Northampton, Bucks County Municipal Authority v. Commonwealth

I dissent. Commonwealth Court determined that “the portions of an interceptor, above the point of first connection do convey sewage, but ... these interceptors, independently, are not essential to get sewage to the treatment facilities.” Northamption, Bucks County Municipal Authority v. Commonwealth of Pennsylvania Department of Environmental Resources, 114 Pa.Commw. 339, 547 A.2d 802, 806 (1988). It is on this basis that Commonwealth Court and the majority of this Court have found that the regulations promulgated by the Department of Environmental Resources (DER), appellee herein, which…