In Kwalwasser v. Department of Environmental Resources, 131 Pa. Commw. 77, 569 A.2d 422, 424 (Pa. Cmwlth. 1990), the Court developed a four-factor test for determining when a party is entitled to fees and costs under Section 4(b) of the Surface Mining Conservation and Reclamation Act: (1) EHB must have issued a final order; (2) the applicant for fees and costs must be the prevailing party; (3) the applicant must have achieved some degree of success on the merits; (4) the applicant must have made a substantial contribution to a full and final determination of the issues.