(1) Any user may petition a decision or determination made by the Public Works Director relative to the application and/or interpretation of this article to the board of appeals, which is hereby created and is hereby appointed as the duly authorized hearing examiner pursuant to section 01-05-13 of this code which board of appeals shall conduct a hearing in accordance with the terms and provisions of a contested hearing as set forth in chapter 1, article 5 of this code, and which board shall follow the procedures specifically prescribed in said article and this section.
(2) The board of appeals shall have no authority to waive any requirements of this article or of applicable state or federal rule or law.
(3) The board of appeals shall consist of not more than five (5) and not less than three (3) persons who shall be appointed by the City and shall hold office at its pleasure. The board of appeals shall consist of members who are qualified by experience and training, either technical and/or legal, to pass on matters coming within their jurisdiction and who are not employees of the City. The board shall have the authority to adopt rules of procedure for the conduct of its business which are not otherwise governed by chapter 1, article 5 of this code.
(4) The appeal of any orders, decisions or determinations made by the Public Works Director shall be considered a contested case as defined in chapter 1, article 5 of this code and shall be filed within the time period for which an appeal of said orders, decisions and/or determinations shall be governed by chapter 1, article 5 of this code, City of Caldwell, unless otherwise herein provided, but a notice of appeal must include the following:
A. Wastewater discharge permit provisions;
B. Order, decision or determination objected to;
C. Reasons for objection; and
D. Any alternate condition, if any, it seeks to place in the wastewater discharge permit.
(5) In the event the Public Works Director has issued an emergency suspension which has been appealed, the board of appeals shall proceed as quickly as feasible to complete any proceedings that would be required if the matter did not involve an emergency.
(6) If the City fails to act within sixty (60) days, a request for appeal shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit, shall be considered final administrative actions for purposes of judicial review. In the event an appeal is taken for judicial review and the City has failed to act, the parties to the judicial review shall be entitled to a de novo hearing.
(7) Judicial review of a final decision made under the provisions of this article shall be governed by the appropriate state and/or federal law applicable to said decision. (Ord. 1997, 9-7-1993, eff. 10-1-1993; Ord. 3364, 8-16-2021)