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FALCON OIL v. DEPT. OF ENVIR. RES.

148 Pa.Commw. 90 (1992)

609 A.2d 876

FALCON OIL COMPANY, INC., Petitioner, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided May 14, 1992.

Attorney(s) appearing for the Case

Keith A. Hunter, for petitioner.

Daniel D. Dutcher, Asst. Counsel, for respondent.

Before COLINS and PALLADINO, JJ., and BARRY, Senior Judge.

BARRY, Senior Judge.

Falcon Oil Company (Falcon) appeals from an order of the Environmental Hearing Board (EHB) which denied Falcon's petition for appeal nunc pro tunc. Falcon argues that the evidence offered before the Board establishes a "non-negligent happenstance" excusing its untimely appeal. We affirm.

The undisputed facts of this case may be summarized as follows. On May 18, 1991, Falcon...

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