Except as otherwise provided by this section, an appeal to the POTW Board of Appeals of any final decision made by the POTW Manager in connection with issuing or implementing a user permit shall be governed by Sections 1044.115 through 1044.120. An appealing party must specify in its notice of appeal the action of the POTW being appealed and the grounds for the appeal. If a particular permit provision is objected to, the notice of appeal must specify the reasons for the objection, and the alternative provision, if any, sought to be placed in the permit. The effectiveness of a permit or any final decision made by the POTW Manager shall not be stayed pending a decision by the POTW Board of Appeals. If, after considering the record on appeal including any statements provided by the POTW in response to the appeal, the POTW Board of Appeals determines that a permit or any provision of a permit should be reconsidered, the Board shall remand the matter to the POTW Manager for further action as determined appropriate by the Board. Specific provisions of a permit that are remanded by the POTW Board of Appeals for reconsideration by the POTW Manager shall be stayed pending further final action taken by the POTW Manager as required by the decision of the Board. A decision of the POTW Board of Appeals not to remand any matter shall be considered final administrative action for purposes of judicial review.
(Ord. 2009-02. Passed 5-11-09.)