Direct appeal from the decision of the Acting Secretary of Environmental Resources holding that the time for appeal to the Environmental Hearing Board from an abatement order had lapsed.
Miles J. Gibbons, Jr., with him Morgan, Lewis & Bockius, for appellant.
Morris J. Solomon, Assistant Attorney General, with him William M. Gross, Assistant Attorney General, and J. Shane Creamer, Attorney General, for appellee.
Judges Kramer, Wilkinson, Jr., and Mencer, sitting as a panel of three. Opinion by Judge Kramer.
This matter is before this Court arising out of refusal by letter of the Acting Secretary of the Department of Environmental Resources to grant an appeal (also presented by way of a letter) to the Environmental
Hearing Board from another letter from the Director of the Devision of Abatement and Compliance of the Bureau of Air Pollution Control, stating that a timetable (explained hereinafter) was unacceptable, and that the matter was being referred to the Office of Legal Counsel.
For purposes of this opinion, this matter commenced with an Abatement Order dated April 23, 1969, of the Department of Health (predecessor to the Department of Environmental Resources for Air Pollution Control), which was issued to Standard Lime and Refractories Company (appellant). The abatement order stated, in pertinent part:
"(1) that the Standard Lime and Refractories Company shall, on and after May 1, 1970, reduce the particulate matter emissions from operations . . . to such a rate as shall not exceed the limit set forth in section 1.3 of the Air Pollution Commission regulation IV.
"(2) that the Standard Lime and Refractories Company shall, on or before June 30, 1969, submit to the Department of Health a plan setting forth the procedure to be used to comply with paragraph (1) of this Order. The plan is to contain:
"(a) a detailed description of the methods or devices to be used to control the air pollution.
"(b) a statement indicating that bi-monthly progress reports will be submitted to the Department of Health commencing on September 1, 1969." This order was amended on May 15, 1969, as follows: (1) the final compliance date was extended from May 1, 1970, to December 31, 1970; (2) the date for submitting compliance schedule was extended from June 30, 1969 to December 19, 1969; and (3) the date for commencement of bi-monthly progress reports was ...