Department of Environmental Protection v. City of Philadelphia

JIULIANTE, Senior Judge.

Before us are cross-appeals filed by the Department of Environmental Protection (DEP) and the City of Philadelphia of a decision of the Environmental Hearing Board (EHB) granting in part and denying in part the City’s applications for state subsidies for sewage treatment plants. We affirm in part and reverse in part.

These appeals arise under the Act of August 20,1953, P.L. 1217, as amended, 35 P.S. §§ 701-703 (Act 339). Pursuant to Act 339, the Commonwealth provides an annual operating subsidy in an amount equal to 2% of the costs incurred for the “acquisition and…