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MUNICIPAL AUTHORITY v. COM., DER

521 Pa. 253 (1989)

555 A.2d 878

NORTHAMPTON, BUCKS COUNTY MUNICIPAL AUTHORITY v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES.

Supreme Court of Pennsylvania.

Decided March 6, 1989.

Attorney(s) appearing for the Case

Stephen R. Harris, Philadelphia, Linda K. Caracappa, Washington Crossing, for appellant.

Louise S. Thompson, Asst. Counsel, Dept. of Environmental Resources, Philadelphia, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and STOUT, JJ.

OPINION OF THE COURT

PAPADAKOS, Justice.

The issue presented for our review is whether an interpretative regulation promulgated by the Department of Environmental Resources (DER) comports with statutory intent or constitutes an arbitrary and capricious limitation of the Legislature's language.

In 1953 the Legislature provided statutory guidelines for payments of state money toward the cost of sewage treatment

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