Soil Remediation Systems, Inc. v. Department of Environmental Protection

COLINS, President Judge.

Before this Court is the appeal of Soil Remediation Systems, Inc. (SRS) to the decision of the Environmental Hearing Board (EHB), that dismissed as untimely SRS’s appeal of a decision of the Department of Environmental Protection (DEP), that denied SRS’s request for an extension of a plan approval. We vacate and remand.

By letter dated October 25, 1996, SRS requested that DEP extend a plan approval set to expire on November 30, 1996. On December 6, 1996, DEP sent by facsimile a copy of a letter purportedly denying the extension request. The cover sheet of this facsimile…