Department of Environmental Protection v. Peters Township Sanitary Authority

In Department of Environmental Protection v. Peters Township Sanitary Authority, 767 A.2d 601 (Pa. Cmwlth.), petition for allowance of appeal denied, 566 Pa. 687, 784 A.2d 120 (2001), the Township asked for actual interest in its Act 339 application filed in 1997 and also asked for actual interest for an application submitted in 1994. The Court agreed that the Department properly denied the request with respect to the 1994 application. The Court stated that through its 1997 application, the Township was "seeking to have DEP revisit its final determination of its allowed interest during construction in the 1994 application; an action barred by the finality of DEP's decision on the 1994 application. Peters Township Sanitary Authority, 767 A.2d at 604.