Appeals

Act 166 of 1978, § 503, under FLOOD PLAIN MANAGEMENT ACT.

Act 166 of 1978, § 503

Section 503. Appeals.

(a) ((a) repealed Oct. 5, 1980, P.L.693, No.142)

(b) Any person aggrieved by an action of the Department of Environmental Resources in granting, modifying, suspending or revoking a permit or in issuing an order shall have the right within 30 days of receipt of notice of such action to appeal such action to the Environmental Hearing Board, pursuant to section 1921-A of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929," and the "Administrative Agency Law."

(c) An appeal of any action under this act shall not act as a supersedeas. A supersedeas may be granted by the agency hearing the appeal upon a showing by the petitioner:

(1) that irreparable harm to the petitioner or other interested parties will result if supersedeas is denied;

(2) that there is a likelihood of the petitioner's success on the merits; and

(3) that the grant of a supersedeas will not result in irreparable harm to the Commonwealth.

The agency hearing the appeal may grant such a supersedeas subject to such security as it may deem proper.

Compiler's Note: The Department of Environmental Resources, referred to in subsec. (b), was abolished by Act 18 of 1995. Its functions were transferred to the Department of Conservation and Natural Resources and the Department of Environmental Protection.