Through the procedures of reconsideration and appeal, a user may contest actions, determinations, or decisions of the Department which result from its construction, application and enforcement of this chapter. The procedures contained within this section govern reconsideration and appeal with respect to construction, application, and enforcement of this chapter.
(a) Selection of reconsideration or of appeal.
(1) Except for those actions, determinations, or decisions which are expressly identified as subject only to appeal, reconsideration may be requested by any permit applicant, permittee, authorized industrial wastewater discharger or other discharger, who is adversely affected by any action, determination, or decision that is made by, or on behalf of, the Department by the Director, or an authorized representative, and that interprets, implements or enforces the provisions of this chapter.
(2) An appeal may be requested by any permit applicant, permittee, authorized industrial wastewater discharge or other discharger, who is adversely affected by a permit issued as final by the Department, or by an administrative order entered after a show cause order and hearing, or after a hearing for reconsideration.
(3) Unless otherwise expressly provided for by this chapter, a request for reconsideration or appeal must be signed by an authorized representative, and received at the Department's General Offices within twenty days from the date of the occurrence of the action, determination, or decision in dispute. A request for reconsideration shall contain the requester's name and address, a brief statement of the reason(s), and the factual basis underlying the request.
(4) A request for reconsideration shall be filed in triplicate either by hand delivery or by certified mail to the General Offices of the Department. Where a request for reconsideration or appeal either is not filed within the time period provided for in this subsection or is improperly made, the action, determination or decision of the Director, or the Department's authorized representative, is final and any right to reconsideration appeal may be deemed waived.
(b) Reconsideration. Within fifteen days after receipt of a timely and proper request for reconsideration, the Department shall notify the applicant of the time and place for a hearing.
(1) A hearing for reconsideration shall be conducted by a hearings officer who is designated by the Director and may be an employee of the Department. The decision of the hearings officer shall be in the form of a recommendation to the Director and embodied in an administrative order. Except for an administrative consent order that was negotiated and agreed to by both parties, an administrative order is appealable in accordance with subsection (c) hereof.
(2) Where improperly or untimely submitted, the Department may reject a request for reconsideration. The Department shall notify the requester in writing that the request has been rejected.
(3) Unless the date is mutually extended by both parties, the hearing shall be conducted neither less than ten days nor more than thirty days after mailing of the notice. For cause and at the discretion of the hearings officer, the hearing may be continued for a reasonable time.
(4) The hearing for reconsideration shall be an informal consultation and conference where the requester in person, or by counsel, shall present their argument, evidence, data, and proof in connection with the issue(s) being reconsidered. The parties shall not be bound by the Michigan Rules of Evidence. The hearing shall be transcribed and the requester may obtain a copy of the hearing transcript, as appropriate, from the Department or from the court reporter.
(5) Within thirty days after the close of the hearing, the hearings officer shall issue a final decision, which shall contain a recommendation to the Director. The hearings officer shall send such decision to the requester by certified mail.
(6) Unless such action is necessary to prevent pass-through, interference or other harm to the POTW, to the public or to the waters of this State, the filing of a request for reconsideration in accordance with this section shall stay the action by the Department that is the subject of the hearing for reconsideration.
(c) Appeal. Within thirty days after receipt of a timely and proper request for an appeal, the Department shall notify the applicant in writing regarding the time and place for a hearing. The hearing shall be conducted in accordance with procedures set by the Board until rules are promulgated pursuant to Section 2-111 of the 1997 Detroit City Charter. In addition:
(1) Any request for an appeal must be made within twenty days of the Department's action, determination or decision regarding the request for reconsideration or any permit issued in accordance with this chapter.
(2) Where a request either is not filed within the time period contained in this subsection or is improperly made, the action, determination or decision of the Director, or the Department's authorized representative, is final and any right to appeal may be deemed waived. Where untimely or improperly submitted, the Department may reject the request for an appeal, and shall notify the requester in writing that such request has been rejected.
(3) The Department shall appoint a hearings officer. The hearings officer shall review the evidence, and within fifteen days after the close of the hearing shall issue a written recommendation to uphold, modify or reverse the action, determination, or decision of the Department.
(4) The written recommendation of the hearings officer shall be submitted to the Board which shall render a final decision within thirty days of its next regularly scheduled meeting.
(5) In accordance with applicable law, the user or the Department may appeal any final decision of the Board to a court of competent jurisdiction.
(6) Unless such action is necessary to prevent pass through, interference, or other harm to the POTW, to the public or to the waters of this State, the filing of a request for appeal in accordance with this section shall stay the action by the Department that is the subject of the appeal.
(Ord. 375. Passed 1-28-08.)