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§ 3-402 Environmental Hearing Board.

(1) There is hereby created an Environmental Hearing Board composed of seven (7) members to be appointed by the Mayor and confirmed by City Council. The Board is created pursuant to Section 1-102(2) of The Philadelphia Home Rule Charter, and in creating the Board, Council expressly finds that it is not practicable to confer upon any existing City agency the powers and duties to be exercised by the Board pursuant to this Section.

(2) The Environmental Hearing Board shall hear appeal from any order, requirement, decision or determination rendered pursuant to the air pollution control program established pursuant to Section 3-401, including the denial or revocation of any license or permit, and the imposition of any civil penalties by any City agency.

(3) The Environmental Hearing Board may affirm, modify, reverse, vacate or revoke any action from which an appeal was taken to it, but the Board shall not have power to grant a variance from any legal requirement.

(4) The decision of the Environmental Hearing Board in an appeal shall be final, and there shall be no further appeal to any other City agency. An appeal may be taken from a decision of the Environmental Hearing Board to the Court of Common Pleas in the time and manner provided by law.

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