A WWTP Board of Appeals shall be established as provided by this section to consider appeals from final decisions of the WWTP Superintendent and to determine, in particular cases, whether any deviation from strict compliance will violate the purposes and intent of this chapter or endanger public health, safety or welfare, the environment, or the POTW. The WWTP Board of Appeals shall consist of the Engineer/Manager of the Bay County Road Commission and one representative from each local unit as appointed by resolution of each local unit s' legislative body to serve on the Board of Appeals. The Engineer/Manager may vote only to break a tie. A tie vote shall defeat the pending motion unless broken by the Engineer/Manager. The following provisions shall govern appeals of final decisions of the WWTP Superintendent made to the WWTP Board of Appeals under this chapter:
(A) An appeal from any final action of the WWTP Superintendent must be made to the WWTP Board of Appeals within seven days from the date of the action appealed. The appeal may be taken by any person aggrieved by the action. The appellant shall file a notice of appeal with the WWTP Superintendent and with the Board of Appeals. The notice of appeal shall specify the grounds for the appeal. Failure to file a timely notice of appeal shall be deemed to be a waiver of the right to appeal.
(B) Prior to a hearing before the WWTP Board of Appeals regarding an appeal, the WWTP Superintendent shall transmit to the Board of Appeals a written summary of all previous action taken in connection with the action being appealed. The Board of Appeals may, at the Board's discretion, request the WWTP Superintendent to provide further information regarding the action that is the subject of the appeal.
(C) The WWTP Board of Appeals shall fix a reasonable time for the hearing of the appeal. Notice of the hearing shall be provided to require the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing. Any testimony taken at the hearing shall be under oath and recorded. A copy of the transcript of the hearing shall be made available at cost to any person upon payment of applicable charges for the transcript. The Board of Appeals shall decide the appeal within a reasonable time.
(D) The WWTP Board of Appeals may reverse or affirm, in whole or in part, the action appealed from, or may make any order, requirement, decision or determination as, in its opinion, ought to be made in the case under consideration. To that end, the Board of Appeals shall have all the powers of the official from whom the appeal is taken.
(E) The final disposition of the appeal shall be in the form of a ruling by the WWTP Board of Appeals, either reversing, modifying, or affirming, in whole or in part, the action of the WWTP Superintendent. The action of the WWTP Superintendent shall not be reversed or modified, in whole or in part, and the WWTP Board of Appeals shall not otherwise find in favor of the appellant except by a majority vote of the Board of Appeals. The decision of the Board of Appeals shall be final.
(Ord. 185, passed 4- -2006)