Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › APPEALS › Section 1021.51 - Commencement, form and content

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 appeal from an action of the Department shall commence with the filing of a
					 notice of appeal with the Board.
(b) The caption of a notice of appeal must be
					 in the following form:
ENVIRONMENTAL HEARING BOARD
2nd Floor, Rachel Carson State Office Building
400 Market Street, Post Office Box 8457
Harrisburg, Pennsylvania 17105-8457
JOHN DOE, Appellant
234 Main Street, Smithtown,
Jones County, Pennsylvania 15555
(Telephone (123) 456-7890)
(c) The notice of appeal must set forth the
					 name, mailing address, e-mail address and telephone number of the appellant.
					 The notice of appeal shall be signed by at least one attorney in the attorney's
					 individual name or by the appellant(s).
(d) If the appellant has received written
					 notification of an action of the Department, the appellant shall attach a copy
					 of that notification and any documents received with the notification to the
					 notice of appeal. If the documents include a permit, the appellant only needs
					 to attach the first page of the permit. Instead of attaching a copy of the
					 notification of the action or related documents, the appellant may provide a
					 link to the publication of the action in the
Pennsylvania
					 Bulletin
.
(e) The notice
					 of appeal must set forth in separate numbered paragraphs the specific
					 objections to the action of the Department. The objections may be factual or
					 legal.
(f) An original notice of
					 appeal shall be filed electronically, conventionally or by facsimile.
(1)
Electronic filing.
(i) If a bond or check is required to secure
					 payment of a penalty, a copy of the bond or check must be included with the
					 electronic filing. The notice of appeal and attachments, including the original
					 bond or check, shall be deposited in the mail, addressed to the Board's
					 headquarters at the address provided in paragraph (2)(i).
(ii) An electronic filing complete before
					 midnight Eastern Time will be considered to be filed on that date.
(iii) To the extent practical, the notice of
					 appeal must be formatted in accordance with paragraph (2)(v). Failure to comply
					 with this requirement will not result in rejection or dismissal of the notice
					 of appeal. The Board may request that the appellant file an amended version of
					 the notice of appeal in proper form.
(iv) The appellant shall, concurrent with or
					 prior to the filing of a notice of appeal, serve a copy on any potentially
					 adversely affected persons as identified in subsection (h)(1)-(3). The service
					 shall be made at the address in the document evidencing the action by the
					 Department or at any office or usual place of business of any potentially
					 adversely affected persons.
(v)
					 The Board, through the electronic filing provider, will provide prompt notice
					 of, and access to, all notices of appeal electronically filed to the Office of
					 Chief Counsel of the Department, at an e-mail address designated by the Office
					 of Chief Counsel.