§ 1021.52. Timeliness of appeal.
(a) Except as specifically provided in § 1021.53 (relating to amendments to appeal or complaint), jurisdiction of the Board will not attach to an appeal from an action of the Department unless the appeal is in writing and is filed with the Board in a timely manner, as follows, unless a different time is provided by statute:
(1) The person to whom the action of the Department is directed or issued shall file its appeal with the Board within 30 days after it has received written notice of the action.
(2) Any other person aggrieved by an action of the Department shall file its appeal with the Board within one of the following:
(i) Thirty days after the notice of the action has been published in the Pennsylvania Bulletin.
(ii) Thirty days after actual notice of the action if a notice of the action is not published in the Pennsylvania Bulletin.
(b) The appellant shall, within 20 days of the mailing of a request from the Board, file missing information required under § 1021.51(c), (d) and (k) (relating to commencement, form and content) or suffer dismissal of the appeal.
(c) Subsections (a) and (b) supersede 1 Pa. Code § § 35.5—35.7 and 35.9—35.11 (relating to informal complaints; and formal complaints).
Comment: The language “person to whom the action of the Department is issued or directed” is intended to include, but not be limited to, the recipient of: an order, a permit or license issuance or denial, a civil penalty assessment, or certification. See section 4(a) and (c) of the act (35 P.S. § 7514(a) and (c)).
Authority The provisions of this § 1021.52 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).
Source The provisions of this § 1021.52 amended September 18, 1998, effective September 19, 1998, 28 Pa.B. 4714; amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended October 6, 2017, effective October 7, 2017, 47 Pa.B. 6205. Immediately preceding text appears at serial page (380037).
Notes of Decision Appeal
Objector did not have actual notice of the Department of Environmental Protection’s renewal permit to the energy company to drill and operate the well until he received a copy of the renewal permit, rather than when the Department of Environmental Protection’s permit-tracking system provided general information about the permit. Thus, objector’s 30-day appeal period began with his receipt of the renewal permit. Harvilchuck v. Dep’t. of Environmental Protection, 117 A.3d 368 (2015).
The 30 day appeal period provided for in regulation cannot be triggered in the absence of a final, appealable decision, Seneca Landfill v. Dep’t. of Envtl. Protection 948 A.2d 916, 922 (Pa. Cmwlth. 2008).
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