(A) Public notification. The Superintendent will publish, in an official government publication and/or newspaper(s) of general circulation that provides meaningful public notice with the jurisdiction(s) served by the POTW, and on a web page, if applicable, a notice to issue an individual wastewater discharge permit, at least 30 days prior to issuance. The notice will indicate a location where the draft permit may be reviewed and an address where written comments may be submitted.
(B) Permit appeals. The Superintendent shall provide public notice of the issuance of an individual wastewater discharge permit. Any person, including the user, may petition the Superintendent to reconsider the terms of an individual wastewater discharge permit within 15 days of notice of its issuance.
(1) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(2) In its petition, the appealing party must indicate the individual wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the individual wastewater discharge permit.
(3) The effectiveness of the individual wastewater discharge permit shall not be stayed pending the appeal.
(4) If the Superintendent fails to act within 15 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider an individual wastewater discharge permit, not to issue an individual wastewater discharge permit or not to modify an individual wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
(5) Aggrieved parties seeking judicial review of the final administrative individual wastewater discharge permit decision must do so by filing a complaint with the circuit court of the county within 30 days after notice of the permit or decision is issued.
(I.C. 4-21.5-5-5)
(Ord. 2021-03, passed 6-14-2021)