§ 1021.2. Definitions.
(a) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act—The Environmental Hearing Board Act (35 P. S. § § 7511—7516).
Action—An order, decree, decision, determination or ruling by the Department affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of a person including, but not limited to, a permit, license, approval or certification.
Board—The Environmental Hearing Board, consisting of its chairperson and four members, all of whom are administrative law judges appointed by the Governor to hear appeals from actions of the Department.
Business day—A day that is not a Saturday, Sunday or a legal holiday.
Conventional filing—Presenting documents to the Board by hand, mail or other personal delivery services, for purposes of filing.
Department—The Department of Environmental Protection or other boards, commissions or agencies whose decisions are appealable to the Board.
Dispositive motion—A motion that seeks to resolve the issues in an appeal without the need for hearing or further hearing. The term includes a motion to quash appeal, a motion to dismiss, a motion for summary judgment, and a motion for partial summary judgment, but not a motion in limine.
Electronic filing—The electronic transmission of documents to the Board through the electronic filing provider for purposes of filing.
Electronic filing provider—The entity providing electronic filing and electronic service of documents by means of the Internet in Board proceedings.
Electronic service—The electronic transmission of documents through the electronic filing provider to a party, attorney or representative under this chapter.
Facsimile filing—The transmission of documents to the Board, for purposes of filing, using a machine that can send and receive a facsimile transmission either as a stand-alone device or as part of a computer system.
Facsimile transmission—The transmission of a source document between locations by encoding the document into electronic signals, transmitting the signals over the telephone system and reconstructing the electronic signals to print a duplicate of the document at the receiving destination.
Hearing examiner—A person other than a Board member designated by the Board to preside at hearings or conferences.
Intervenor—A person who has been permitted to intervene by the Board, as provided by § 1021.81 (relating to intervention).
Legal holiday—A day designated as a holiday by the President or Congress of the United States or by the Commonwealth.
Pa.R.A.P.—Pennsylvania Rules of Appellate Procedure, 42 Pa.C.S.; 210 Pa. Code.
Pa.R.C.P.—Pennsylvania Rules of Civil Procedure, 42 Pa.C.S.; 231 Pa. Code.
Party—An appellant, appellee, plaintiff, defendant, permittee or intervenor.
Permittee—The recipient of a permit, license, approval or certification in a third-party appeal.
Person—An individual, partnership, association, corporation, political subdivision, municipal authority or other entity.
Pleading—A complaint filed under § 1021.71, § 1021.72 or § 1021.73 (relating to complaints filed by the Department; complaints filed by other persons; and transferred matters) or answer filed under § 1021.74 (relating to answers to complaints). Documents filed in appeals, including the notice of appeal, are not pleadings.
Registered user—An individual who has submitted a registration statement to the Board and to whom the Board has issued a password authorizing electronic filing and electronic service.
Registration statement—A completed application to use the electronic filing provider for electronic filing and electronic service in Board proceedings.
Supersedeas—A suspension of the effect of an action of the Department pending proceedings before the Board.
Third-party appeal—The appeal of an action by a person who is not the recipient of the action.(b) Subsection (a) supplements 1 Pa. Code § 31.3 (relating to definitions) except for ‘‘pleading’’ which supersedes the definition of ‘‘pleading’’ in 1 Pa. Code § 31.3.
Authority The provisions of this § 1021.2 amended under section 5 of the Environmental Hearing Board Act (35 P. S. § 7515).
Source The provisions of this § 1021.2 amended August 30, 1996, effective August 31, 1996, 26 Pa.B. 4222; 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 June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended February 10, 2006, effective February 11, 2006, 36 Pa.B. 709; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5328. Immediately preceding text appears at serial pages (345884) to (345885).
Notes of Decisions Action
Petitioner appealed suspension of review of permit application by Environmental Hearing Board to construct a waste transfer station due to conflict between proposed facility and township zoning laws; Department’s decision to suspend technical review of permit was not an appealable decision since it did not result in any action being taken against a party and did not affect any property rights, privileges or liabilities. HJC, LLC v. Department of Environmental Protection, 949 A.2d 350, 353 (Pa. Cmwlth. 2008)
Where compliance orders previously issued are withdrawn, there is no ‘‘action’’ from which to appeal; therefore, the appeal is moot and dismissal of the appeal is appropriate. Horsehead Resource Development Co. v. Department of Environmental Protection, 780 A.2d 856 (Pa. Cmwlth. 2001); appeal denied 796 A.2d 987 (Pa. 2002).
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