(a) Appeals of a person adversely affected by any order, requirement, decision or determination by the Commissioner shall be heard and decided by the Air Pollution Appeals Board. An appeal shall stay execution of the action appealed. The Appeals Board shall commence to hear the merits of an appeal within thirty (30) days after the filing of such appeal in the office of the Board. Thereafter, the Board shall hear the final arguments and shall reach a decision on such appeal without unreasonable or unnecessary delay.
(b) A motion to dissolve a stay, resulting from an appeal, may be filed by the Commissioner with the Board. The Board shall commence to hear the merits of such motion within seven (7) days after the filing of such motion in the office of the Board. Thereafter, the Board shall hear the final arguments and shall reach a decision on such motion without unreasonable or unnecessary delay.
(c) Appeals of any person, property owner, or member of the general public claiming an interest or whose ability to protect an interest may be impaired or impeded by any consent agreement or variance issued by the Commissioner, or by any new visible emission limitations established by the Commissioner, in accordance with the applicable provisions of this Code, shall be heard and decided by the Board. The Board shall commence to hear the merits of an appeal within thirty (30) days after the filing of such appeal in the office of Board. Thereafter, the Board shall hear the final arguments and shall reach a decision on such appeal without unreasonable or unnecessary delay.
(d) Absent any prior hearing or order of the Board, any person, property owner or member of the general public shall be permitted by the Board to intervene in a matter before the Board when such intervention is timely and the person, property owner or member of the general public claims an interest relating to the matter and/or the person is so situated that the disposition of the matter by the Board may impair or impede his or her ability to protect an interest. For the purpose of this subsection, “timely” shall mean prior to the commencement of a hearing by the Board on the merits of a matter before the Board.
(e) Any appeal from an order, requirement, decision or determination of the Commissioner shall be filed with the Board within thirty (30) days after receipt of notice of the action of the Commissioner.
(f) Any appeal from a consent agreement or variance issued by the Commissioner or from new visible emission limitations established by the Commissioner shall be filed with the Board within thirty (30) days after date of publication of such consent agreement or variance by the Commissioner in the City Record.
(g) The Commissioner shall be a party to all appeals brought under this Code and shall be required to file the record of the matter at issue with the Board within fourteen (14) days of the receipt of the notice of appeal. The record shall include facts and findings pertinent to the Commissioner’s decision. The Board may also require any other party or intervenor to file a summary of their position prior to the hearing. The Board shall give public notice of any hearing on an appeal in the City Record.
(h) Any person affected by a decision of the Board may obtain judicial relief as provided by law.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)