PROPOSED RULEMAKING
EVIRONMENTAL
HEARING BOARD
[25 PA. CODE CH. 1021]
Practice and Procedure
[35 Pa.B. 2107] The Environmental Hearing Board (EHB) proposes to amend Chapter 1021 (relating to practice and procedures) by adding new procedural rules to read as set forth in Annex A.
The proposed procedural rules have the following objectives:
(1) To provide the regulated community and the Department of Environmental Protection (Department) and other potential litigants with more specific guidance on how to represent their interests before the EHB.
(2) To improve the rules of practice and procedure before the EHB.
I. Statutory Authority for Proposed Revisions
The EHB has the authority under section 5 of the Environmental Hearing Board Act (act) (35 P. S. § 7515) to adopt regulations pertaining to practice and procedure before the EHB.
II. Description of Proposed Revisions
The proposed revisions are modifications to provisions of the rules to improve practice and procedure before the EHB. These proposed revisions are based on the recommendations of the EHB Rules Committee (Rules Committee), a nine member advisory committee created by section 5 of the act to make recommendations to the EHB on its rules of practice and procedure. The EHB may promulgate proposed regulations based in whole or in part on the recommendations of the Rules Committee.
This summary provides a description of: (1) The existing rules of practice and procedure when relevant to proposed revisions; (2) the EHB's proposed revisions; and (3) how, if any, the proposal differs from the Rules Committee's recommendations.
Where the recommendations of the EHB Rules Committee were not in proper legislative style and format, they have been modified to conform to those requirements. Similarly, where recommendations did not contain proper cross references to 1 Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedure), references to those rules have been added.
The proposed rulemaking can be divided into five categories: 1) renumbering of certain rules; 2) adoption of a new rule; 3) substantive amendments to existing rules; 4) adoption of comments to certain rules; and 5) correction of typographical errors.
1. Renumbering of certain rules
The EHB recommends making subsection (f) of Rule 1021.51 (relating to commencement, form and account) a separate rule with its own number. Subsection (f) addresses nunc pro tunc appeals. This subsection has been moved to create a new rule in 1021.53a entitled ''Nunc pro tunc appeals.'' There has been no substantive change to the language of this section.
A correction has been made in Rule 1021.141, dealing with termination of proceedings, to reflect the appropriate subsection being referenced.
2. Definitions (Rule 1021.2)
The EHB has proposed amending the definition of ''Department'' in Rule 1021.2 from ''Department of Environmental Resources'' to ''Department of Environmental Protection or other boards, commissions or agencies whose decisions are appealable to the Environmental Hearing Board'' to reflect the Department's name change and the fact that the Board has jurisdiction over appeals from certain other agencies, boards and commissions.
3. Filing (Rule 1021.32(a))
The current rule in 1021.32(a) allows filing only at the Board's Harrisburg office. The proposed rule change would allow filing at either the Board's headquarters in Harrisburg or at its Pittsburgh office.
4. Service by a party (Rule 1021.34(b))
The proposed rule change in 1021.34(b) would require service to opposing parties by overnight delivery when a document is filed with the Board by either personal service or overnight delivery.
5. Commencement, form and content [of an appeal] (Rule 1021.51)
Subsection (e). The proposed rule change deletes the last two sentences of this subsection dealing with amendment of appeals for ''good cause.'' This change is necessitated by the proposed revisions to Rule 1021.53, dealing with amendments to appeals.
Subsection (h). Subsection (g) requires that the ''recipient of the action'' be served with a copy of the notice of appeal in a third party appeal. A new subsection (h) has been proposed to define ''recipient of an action'' as the following: (1) a recipient of a permit, license, approval or certification; (2) a municipality or municipal authority in appeals under section 5 or 7 of the Sewage Facilities Act (35 P. S. §§ 750.5 and 750.7); (3) a mining company in appeals involving a claim of subsidence or water loss under the Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1--1406.21); (4) a well operator in appeals involving a claim of pollution or diminution of water supply under section 208 of the Oil and Gas Act (58 P. S. § 601.208); (5) an owner or operator of a storage tank in appeals involving a claim of an affected water supply under section 1303 of the Storage Tank and Spill Prevention Act (35 P. S. § 6021.1303); and (6) other interested parties as ordered by the Board.
Subsection (i). The content of former subsection (h) has been moved to create a new subsection (i) and has been revised to read that service of a notice of appeal on a recipient of a permit, license, approval or certification would subject the recipient to the jurisdiction of the Board and would cause the recipient to be added as a party to a third-party appeal without the need to file a petition for intervention. This does not constitute a substantive change from the Board's existing rules.
Subsection (j). A new subsection (j) has been added to allow other recipients of an action in a third-party appeal, as set forth in proposed subsection (h)(2)--(5), to intervene as of course by simply filing an entry of appearance within 30 days of service of the notice of appeal.
Subsection (k). The current rule set forth in subsection (j) stating that this rule supersedes the General Rules of Administrative Practice and Procedure has been moved to a new subsection (k).
Comment. A comment has been added to this rule stating that with regard to subsections (i) and (j), parties are required to abide by Rules 1021.21 and 1021.22, dealing with representation of parties and entry of appearance.
6. Amendments to appeals and complaints (Rule 1021.53)
Caption. The rule in 1021.53 has been revised to deal with amendments to both appeals and complaints. The Board's rules previously had no rules dealing with the amendment of complaints. The criteria for nunc pro tunc appeals has been moved to a separate rule. The caption has been amended accordingly.
Subsection (a). Subsection (a) has been amended to state that an appeal or complaint may be amended as of right within 20 days after the filing thereof.
Subsection (b). This subsection has been amended to create a more liberal standard for allowing the amendment of appeals and complaints after the 20-day amendment as of right period. Rather than setting forth three particular circumstances under which appeals and complaints may be amended after the 20-day amendment as of right period, the rule allows amendment when no undue prejudice will result to the opposing parties.
Subsection (c). Subsection (c), stating that an appellant may not request leave to amend a notice of appeal after the Board has decided any dispositive motions or the case has been assigned for hearing, whichever is later, has been eliminated as a result of the revision to subsection (b).
Subsection (f). Subsection (f), dealing with nunc pro tunc appeals, has been moved to create a separate rule in Rule 1021.53a dealing only with nunc pro tunc appeals.
Comment. A comment has been added to Rule 1021.54 clarifying that a nunc pro tunc standard is not the appropriate standard for determining whether to grant leave for amendment of an appeal, contrary to the holding in Pennsylvania Game Commission v. Department of Environmental Resources, 509 A.2d 877 (Pa. Cmwlth. 1986).
7. Dispositive motions (Rules 1021.91 and 1021.94)
Rule 1021.91 (General). The prior rule stated that it applied to all motions except dispositive motions and those made during the course of a hearing. The rule has been revised to say that it applies to all motions except summary judgment motions and those made during the course of a hearing. A separate rule has been created for summary judgment motions.
Rule 1021.94 (Dispositive motions). This rule has been revised to delete subsections (a) and (b) and will apply generally to dispositive motions.
Rule 1021.94a (Summary judgment motions). A new rule has been created to deal specifically with summary judgment motions. The rule requires that a summary judgment record contain a motion, supporting brief, evidentiary materials and proposed order and defines what is required for each. A comment to the rule clarifies that the statement of material facts in the brief should be limited to facts that are material to the disposition of the motion and should not include lengthy recitations of undisputed background facts.
8. Prehearing procedure (Rule 1021.101(a))
Rule 1021.101(a) has been revised to require that the discovery period for both expert and nonexpert discovery run concurrently. Under the old rule, the initial period for discovery ran for 90 days. During this time, all requests for discovery--both expert and nonexpert--were to be served; however, response times differed depending on whether the request was for expert or nonexpert discovery. Nonexpert discovery followed the Pennsylvania Rules of Civil Procedure and required answers to be served within 30 days of service of the discovery request. Responses to expert discovery were not required to be served until 150 days after issuance of Pre-Hearing Order No. 1. Under the revised rule, answers to all discovery will be due 30 days after service of the discovery request; there will be no special timeframe for responding to expert discovery. This revision has been adopted in response to complaints from appellants that they have been unable to obtain information regarding the basis for the DEP's action in the early stages of discovery because it may fall into the category of expert discovery. The rule change allows this information to be obtained earlier in the discovery process. (The rule change does not interfere with a party's right or duty to supplement its answers to discovery.)
To provide parties with sufficient time to secure an expert, the discovery period has been extended from 90 days to 180 days; however, whereas the prior rule said that discovery was to be served within the requisite time frame, the rule now requires discovery to be completed within this time frame. (The rule change does not affect the parties' ability to seek an extension of the discovery period.)
The rule has also been amended to allow all dispositive motions to be filed within 210 days of the prehearing order regardless of whether there will be expert testimony. Finally, the time period for filing a joint proposed case management order has been extended from 45 days to 60 days.
9. Prehearing memorandum (Rule 1021.104)
Rule 1021.104 has been revised to require that copies of exhibits be attached to the prehearing memorandum, as well as ''such other information as the Board may require.'' In addition, a comment has been added, explaining that there is an administrative agreement between the Board and the Department allowing the prepayment of penalties to be transmitted to the Commonwealth to an appropriate escrow account.
10. Termination of proceedings (Rule 1021.141)
The reference in subsection (c) has been corrected to read ''(b)(3).''
The EHB concurred with the recommendations set forth in this Preamble.
III. Fiscal Impact of the Proposed Revisions
The proposed amendments will have no measurable fiscal impact on the Commonwealth, political subdivision or the private sector. The amendments may have a favorable economic impact in that they may eliminate potential litigation over existing uncertainties in EHB procedures, authority and requirements.
IV. Paperwork Requirements for Proposed Revisions
The proposed revisions may require only minor changes to the EHB's standard orders.
V. Public Meeting on Proposed Rules
In accordance with 65 Pa.C.S. § 704 (relating to open meetings), a quorum of the members of the EHB voted to adopt the proposed rules at public meetings held on October 13, 2004, and November 15, 2004, at the EHB's Harrisburg office, Hearing Room 2, Second Floor, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA.
VI. Government Reviews of Proposed Revisions
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 29, 2005, the EHB submitted copies of the proposed revisions to the Independent Regulatory Review Commission (IRRC) and the Senate and House Standing Committees on Environmental Resources and Energy. The EHB also provided IRRC and the Committees with copies of a Regulatory Analysis Form prepared by the EHB. Copies of the Regulatory Analysis Form are available to the public upon request.
If IRRC has objections to any of the proposed revisions, it will notify the EHB within 30 days of the close of the public comment period, specifying the regulatory review criteria that have not been met. The Regulatory Review Act sets forth procedures for review, prior to final publication of the proposed revisions, by the EHB, the General Assembly and the Governor of objections raised.
VII. Public Comment Regarding Proposed Revisions
The EHB invites interested persons to submit written comments, suggestions or objections regarding the proposed revisions to William T. Phillipy, IV, Secretary to the Environmental Hearing Board, 2nd Floor, Rachel Carson State Office Building, P. O. Box 8457, Harrisburg, PA 17105-8457, within 30 days of this publication.
MICHAEL L. KRANCER,
Chief Judge and ChairpersonFiscal Note: 106-8. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART IX. ENVIRONMENTAL HEARING BOARD
CHAPTER 1021. PRACTICE AND PROCEDURE
PRELIMINARY PROVISIONS
GENERAL § 1021.2. Definitions
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Department--The Department of Environmental [Resources or its successor agencies] Protection or other boards, commissions or agencies whose decisions are appealable to the Board.
* * * * *
DOCUMENTARY FILINGS
SIGNING, FILING AND SERVICE OF DOCUMENTS § 1021.32. Filing.
(a) Documents filed with the Board shall be filed at [its] either of the following offices:
(1) Its headquarters--2nd Floor, Rachel Carson State Office Building, 400 Market Street, Post Office Box 8457, Harrisburg, Pennsylvania 17105-8457.
(2) Its Pittsburgh office--1507 State Office Building, 300 Liberty Avenue, Pittsburgh, Pennsylvania 15222.
* * * * * § 1021.34. Service by a party.
* * * * * (b) When a document is filed with the Board by overnight delivery or personal service, it shall be served by overnight delivery on the parties.
(c) In matters involving requests for expedited disposition, service shall be made within the ensuing 24 hours of the time of filing with the Board. For purposes of this subsection, service means actual receipt by the opposing party.
[(c)] (d) * * *
[(d)] (e) * * *
FORMAL PROCEEDINGS
APPEALS § 1021.51. Commencement, form and content.
* * * * * (e) The appeal shall set forth in separate numbered paragraphs the specific objections to the action of the Department. The objections may be factual or legal. [An objection not raised by the appeal or an amendment thereto under § 1021.53 (relating to amendments to appeal; nunc pro tunc appeals) shall be deemed waived, provided that, upon good cause shown, the Board may agree to hear the objection. For the purpose of this subsection, good cause shall include the necessity for determining through discovery the basis of the action from which the appeal is taken.]
* * * * * (h) For purposes of this section, the term ''recipient of the action'' includes the following:
(1) The recipient of a permit, license, approval or certification.
(2) Any affected municipality, its municipal authority, and the proponent of the decision, when applicable, in appeals involving a decision under section 5 or 7 of the Sewage Facilities Act (35 P. S. §§ 750.5 and 750.7).
(3) The mining company in appeals involving a claim of subsidence damage or water loss under the Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1--1406.21).
(4) The well operator in appeals involving a claim of pollution or diminution of a water supply under section 208 of the Oil and Gas Act (58 P. S. § 601.208).
(5) The owner or operator of a storage tank in appeals involving a claim of an affected water supply under section 1303 of the Storage Tank and Spill Prevention Act (35 P. S. § 6021.1303).
(6) Other interested parties as ordered by the Board.
(i) The service upon the recipient of [an action] a permit, license, approval or certification, as required by [this section] subsection (h)(1), shall subject the recipient to the jurisdiction of the Board [as a party], and the recipient shall be added as a party to the third-party appeal without the necessity of filing a petition for leave to intervene under § 1021.81 (relating to intervention).
(j) Other recipients of an action appealed by a third party, served as required by subsections (h)(2), (3), (4) or (5), may intervene as of course in the appeal by filing an entry of appearance within 30 days of service of the notice of appeal in accordance with §§ 1021.21 and 1021.22 (relating to representation; and notice of appearance), without the necessity of filing a petition for leave to intervene under § 1021.81.
[(i)] (k) Appellant shall provide satisfactory proof that service has been made as required by this section.
[(j)] (l) Subsections (a)--[(i)] (k) supersede 1 Pa. Code §§ 35.5--35.7 and 35.9--35.11 (relating to informal complaints; and formal complaints).
Comment: With regard to subsections (i)--(j), parties are required to abide by the rules set forth in §§ 1021.21 and 1021.22 (relating to representation of parties; and notice of appearance.)
§ 1021.53. Amendments to appeal or complaint[; nunc pro tunc appeals].
(a) An appeal or complaint may be amended as of right within 20 days after the filing thereof.
(b) After the 20-day period for amendment as of right, the Board, upon motion by the appellant or complainant, may grant leave for further amendment of the appeal or complaint. This leave may be granted if no undue prejudice will result to the opposing parties. [appellant establishes that the requested amendment satisfies one of the following conditions:
(1) It is based upon specific facts, identified in the motion, that were discovered during discovery of hostile witnesses or Department employees.
(2) It is based upon facts, identified in the motion, that were discovered during preparation of appellant's case, that the appellant, exercising due diligence, could not have previously discovered.
(3) It includes alternate or supplemental legal issues, identified in the motion, the addition of which will cause no prejudice to any other party or intervenor.
(c) An appellant may not request leave to amend a notice of appeal after the Board has decided any dispositive motions or the case has been assigned for hearing, whichever is later.
(d)] (c) * * *
[(e)] (d) * * *
[(f) The Board upon written request and for good cause shown may grant leave for the filing of an appeal nunc pro tunc, the standards applicable to what constitutes good cause shall be the common law standards applicable in analogous cases in courts of common pleas in this Commonwealth.]
[(g)] (e) Subsections (a)--[(f)] (d) supersede 1 Pa. Code §§ 35.5--35.7 and 35.9--35.11 (relating to informal complaints; and formal complaints).
Comment: In addition to establishing a new standard for assessing requests for leave to amend an appeal, this rule clarifies that a nunc pro tunc standard is not the appropriate standard to be applied in determining whether to grant leave for amendment of an appeal, contrary to the apparent holding in Pennsylvania Game Commission. v. Department of Environmental Resources, 509 A.2d 877 (Pa. Cmwlth. 1986), affirmed, 555 A.2d 812 (1989).
§ 1021.53a. Nunc pro tunc appeals.
The Board upon written request and for good cause shown may grant leave for the filing of an appeal nunc pro tunc; the standards applicable to what constitutes good cause shall be the common law standards applicable in analogous cases in courts of common pleas in this Commonwealth.
§ 1021.54. Prepayment of penalties.
* * * * * Comment: There is an administrative agreement between the Department and the Board which allows the prepayment of penalties to be transmitted to the Commonwealth to an appropriate escrow account.
MOTIONS § 1021.91. General.
(a) This section applies to all motions except [dispositive] summary judgment motions and those made during the course of a hearing.
* * * * * (g) The moving party may not file a reply to a response to [its motion,] procedural, discovery or miscellaneous motions unless the Board orders otherwise.
* * * * * § 1021.94. Dispositive motions other than summary judgment motions.
(a) [This section applies to dispositive motions. Dispositive motions shall contain a concise statement of the relief requested, the reasons for granting that relief, and where necessary, the material facts that support the relief sought.
(b) Motions for summary judgment or partial summary judgment and responses shall conform to Pa.R.C.P. 1035.1--1035-5 (relating to motion for summary judgment).
(c)] Dispositive motions, responses and replies shall be in writing, signed by a party or its attorney and served on the opposing party in accordance with § 1021.34 (relating to service). Dispositive motions shall be accompanied by a supporting memorandum of law or brief. The Board may deny a dispositive motion if a party fails to file a supporting memorandum of law or brief.
[(d)] (b) A response to a dispositive motion may be filed within 30 days of service of the motion and shall be accompanied by a supporting memorandum of law or brief.
[(e)] (c) A reply to a response to a dispositive motion may be filed within 15 days of the date of service of the response, and may be accompanied by a supporting memorandum of law or brief. Reply briefs or memoranda of law shall be as concise as possible and may not exceed 25 pages. Longer briefs or memoranda of law may be permitted at the discretion of the presiding administrative law judge.
[(f)] (d) An affidavit or other document relied upon in support of a dispositive motion or response, that is not already a part of the record, shall be [attached to] filed at the same time as the motion or response or it will not be considered by the Board in ruling thereon.
[(g)] (e) Subsection [(c)] (a) supersedes 1 Pa. Code § 35.177 (relating to the scope and content of motions). Subsection [(d)] (b) supersedes 1 Pa. Code § 35.179 (relating to objecting to motions).
§ 1021.94a. Summary judgment motions.
(a) Summary judgment motion record.
(1) A summary judgment motion record shall contain the following separate items:
(i) A motion prepared in accordance with subsection (b).
(ii) A supporting brief prepared in accordance with subsection (c).
(iii) The evidentiary materials relied upon by the movant.
(iv) A proposed order.
(2) Motions and responses shall be in writing, signed by a party or its attorney, and served on the opposing party in accordance with § 1021.34 (relating to service).
(b) Motion. A motion for summary judgment shall contain only a concise statement of the relief requested and the reasons for granting that relief. The motion should not include any recitation of the facts and should not exceed two pages in length.
(c) Supporting brief. The motion for summary judgment shall be accompanied by a brief containing an introduction and summary of the case, a statement of material facts and a discussion of the legal argument supporting the motion. The statement of material facts shall set forth in separately numbered paragraphs a concise statement of each material fact as to which the movant contends there is no genuine issue together with a citation to the portion of the motion record establishing the fact or demonstrating that it is uncontroverted. The citation shall identify the document and specify the pages and paragraphs or lines thereof or the specific portions of exhibits relied on.
(d) Evidentiary materials. All affidavits, deposition transcripts or other documents relied upon in support of a motion for summary judgment shall accompany the motion and brief. Affidavits shall conform to Pa.R.C.P. 76 and 1035.4 (relating to definitions; and affidavits).
(e) Proposed order. The motion shall be accompanied by a proposed order.
(f) Party opposing motion. Within 30 days of the date of service of the motion, a party opposing the motion shall file a brief containing a responding statement either admitting or denying or disputing each of the facts in the movant's statement and a discussion of the legal argument in opposition to the motion. All material facts in the movant's statement which are sufficiently supported will be deemed admitted for purposes of the motion only, unless specifically disputed by citation conforming to the requirements of subsection (c) demonstrating existence of a genuine issue as to the fact disputed. An opposing party may also include in the responding statement additional facts the party contends are material and as to which there exists a genuine issue. Each fact shall be stated in separately numbered paragraphs together with citations to the motion record. Affidavits, deposition transcripts or other documents relied upon in support of a response to a motion for summary judgment, which are not already a part of the motion record, shall accompany the responding brief.
(g) Reply brief. A concise reply brief may be filed by the movant within 15 days of the date of service of the response. Additional briefing may be permitted at the discretion of the presiding administrative law judge.
(h) Adverse party. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party's pleading or its notice of appeal, but the adverse party's response, by affidavits or as otherwise provided by this rule, must set forth specific facts showing there is a genuine issue for hearing. If the adverse party does not so respond, summary judgment may be entered against the adverse party. Summary judgment may be entered against a party who fails to respond to a summary judgment motion.
(i) Judgment sought. The judgment sought shall be rendered forthwith if the motion record shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.
Comment: The statement of material facts in the briefs should be limited to those facts which are material to disposition of the summary judgment motion and should not include lengthy recitations of undisputed background facts or legal context. The evidentiary materials relied upon should not be attached to the motion or the brief but should be bound as a separate item and labeled as exhibits to facilitate reference.
PREHEARING PROCEDURES AND PREHEARING CONFERENCES § 1021.101. Prehearing procedure.
(a) Upon the filing of an appeal, the Board will issue a prehearing order providing that:
(1) All discovery[, including any discovery of expert witnesses,] shall be [served] completed no later than [90] 180 days from the date of the pre-hearing order.
(2) [The party with the burden of proof shall serve its answers to all expert interrogatories within 150 days of the date of the prehearing order. The opposing party shall serve its answers to all expert interrogatories within 30 days after receipt of the answers to all expert interrogatories from the party with the burden of proof.] The service of a report of an expert together with a statement of qualifications may be substituted for an answer to expert interrogatories.
(3) Dispositive motions [in a case requiring expert testimony] shall be filed within 210 days of the date of the prehearing order. [If neither party plans to call an expert witness, dispositive motions shall be filed within 180 days after the filing of the appeal unless otherwise ordered by the Board.]
(4) The parties may, within [45] 60 days of the date of the prehearing order, submit a Joint Proposed Case Management Order to the Board.
§ 1021.104. Prehearing memorandum.
(a) A prehearing memorandum shall contain the following:
* * * * * (7) A list of the exhibits the party seeks to introduce into evidence and a statement indicating whether the opposing party will object to their introduction. A copy of each exhibit shall be attached.
* * * * * (9) Other information as may be required by the Board's prehearing orders.
* * * * *
TERMINATION OF PROCEEDINGS § 1021.141. Termination of proceedings.
* * * * * (c) When a proceeding is sought to be terminated by the parties pursuant to a consent adjudication, all parties shall submit the proposed consent adjudication to the Board for approval. No proposed consent adjudication will be approved by the Board unless it contains the agreement of all parties to the action. The Board may refuse to approve a proposed consent adjudication if any of its provisions are contrary to law or constitute, in the discretion of the Board, overreaching or bad faith by any party. Prior to approval, the Board will publish the major substantive provisions of the consent adjudication in the manner indicated in subsection [(c)] (b)(3). In addition, the notice shall provide a comment period of at least 30 days for comments to be provided by the public. When comments are received from the public the parties to the consent adjudication shall respond to the comments. The Board may schedule a hearing prior to taking action on the consent adjudication. Any appeal from a consent adjudication shall lie to the Commonwealth Court, and shall, when taken by an aggrieved person not a party to the action, be taken within 30 days of the date of the Board's action.
* * * * *
[Pa.B. Doc. No. 05-651. Filed for public inspection April 8, 2005, 9:00 a.m.]
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