§ 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 such action to appeal such action to the Environmental Hearing Board, under 2 Pa.C.S. § §  501—508 and 701—704.

 (b)  An appeal of an action under the act shall not act as a supersedeas. A supersedeas may be granted by the Environmental Hearing Board 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 a likelihood of the success of the petitioner on the merits.

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