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§ 679.503. Appeals

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 32 P.S. Forests, Waters and State Parks

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 32 P.S. Forests, Waters and State Parks
Part II. Waters (Refs & Annos)
Chapter 24A. Flood Plain Management (Refs & Annos)
Subchapter 5. Penalties; Civil Remedies; Appeals
32 P.S. § 679.503
§ 679.503. Appeals
Currentness
(a) Repealed. Act 1980, Oct. 5, P.L. 693, No. 142, § 318, effective in 60 days.
(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),1 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 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.

Credits

1978, Oct. 4, P.L. 851, No. 166, § 503, imd. effective. Affected 1980, Oct. 5, P.L. 693, No. 142, § 318, effective in 60 days.

Footnotes

1
71 P.S. § 510-21 (repealed; see, now, 35 P.S. § 7511 et seq.).
32 P.S. § 679.503, PA ST 32 P.S. § 679.503
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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