(A) There is hereby created and established the BWAPWA Wastewater Appeals Board, hereinafter referred to as the “Board,” which shall be a three-member Board composed as follows:
(1) The Mayor of Warr Acres;
(2) The City Manager of Bethany; and
(3) One other person to be selected by the city in which the enforcement action is being taken.
(B) (1) The Wastewater Appeals Board is responsible for the administration and enforcement of the pretreatment program.
(2) Additionally, the Board shall have and exercise the power, duty and responsibility to:
(a) Hear appeals from orders issued by the plant manager or permit revocations or modifications by him or her;
(b) Affirm, modify or revoke the actions or orders of the plant manager;
(c) Issue notices of appeals and subpoenas requiring attendance of witnesses and the production of evidence;
(d) To receive evidence under oath;
(e) Take the testimony as the Board deems necessary; and
(f) Hold hearings where requested by the permittee or applicant for the purpose of reviewing the denial or imposition of terms or conditions in permits.
(C) Any hearing or rehearing before the Board shall be conducted in accordance with the following procedures:
(1) Upon receipt of a written petition from the alleged violator pursuant to this section, the plant manager shall give the petitioner 30 days' written notice of the time and place of the hearing, but in no case shall the hearing be held more than 60 days from the receipt of the written petition unless the plant manager and the petitioner agree to a postponement.
(2) The hearing herein provided may be conducted by the Board at a regular or special meeting. A quorum of the Board must be present at the regular or special meeting in order to conduct the hearing herein provided.
(3) A record of the proceedings of the hearings shall be taken and filed with the Board, together with the findings of fact and conclusions of law made, pursuant to division (C)(6) below. The transcript so recorded shall be made available to the petitioner or any party to a hearing upon payment of a charge set by the plant manager to cover the costs of preparation.
(4) In connection with the hearing, the Board shall issue subpoenas in response to any reasonable request by any party to the hearing requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing. In case of refusal to obey a notice of hearing or subpoena issued under this section, the County District Court shall have jurisdiction upon the application of the Board to issue an order requiring the person to appear and testify or produce evidence as the case may require and any failure to obey the order of the court may be punished by the court as contempt thereof.
(5) Any member of the Board may examine witnesses.
(6) (a) On the basis of the evidence produced at the hearing, the Board shall make findings of fact and conclusions of law and enter the decisions and orders as in its opinion will best further the purposes of the pretreatment program and shall give written notice of the decisions and orders to the alleged violator.
(b) The order issued under this division shall be issued no later than 30 days following the close of the hearing by the person or persons designated by the Board.
(7) The decision of the Board shall become final and binding on all parties unless appealed to the courts as provided in division (D) below.
(8) Any person to whom an emergency order is directed pursuant to § 53.057(B) shall comply therewith immediately but on petition to the Board shall be afforded a hearing as soon as possible.
(D) An appeal may be taken from any final order or other final determination of the Board by any party, who is or who may be adversely affected thereby, to the District Court within 30 days from the date the order or determination is made.
(Prior Code, § 17-450) (Ord. 1505, passed 7-6-93)