Section 85.61. Appeals

(a) A person or municipality aggrieved by an action of the Department shall have the right within 30 days of the receipt of the notice of the action to appeal the action to the Environmental Hearing Board (EHB), under 2 Pa.C.S. § § 501—508 and 701—704 (relating to Administrative Agency Law).

(b) An appeal of an action under the act does not act as a supersedeas. A supersedeas may be granted by the EHB upon a showing by the petitioner that:

(1) Irreparable harm to the petitioner or other interested parties will result if supersedeas is denied.

(2) There is a likelihood of the success of the petitioner on the merits.

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

The provisions of this § 85.61 amended September 18, 2009, effective September 19, 2009, 39 Pa.B. 5415. Immediately preceding text appears at serial page (234491).