A three-member “POTW Board of Appeals” shall consider appeals from final decisions of the POTW Manager and recommend an appropriate disposition of the appeal to the County Agency, including, in particular cases, whether any deviation from strict compliance will violate the purposes and intent of this chapter, or endanger public health, safety or welfare, or the environment, or have an adverse impact on the POTW or on the POTW’s ability to comply with applicable laws and regulations. The POTW Board of Appeals shall consist of three members of the Water and Waste Services Advisory Board appointed from time to time by the County Agency and who are not Advisory Board members from the same community as the aggrieved person. The following provisions shall govern appeals of final decisions of the POTW Manager made to the POTW Board of Appeals under this chapter:
(a) An appeal from any final action of the POTW Manager must be made to the POTW Board of Appeals within seven days from the date of the action appealed. The appeal may be taken by any person aggrieved by the action. The appellant shall file a notice of appeal with the County Agency and shall be accompanied by payment of any appeal fee in the amount as may be established by the POTW. The notice of appeal shall specify the grounds for the appeal and shall include all documentation that will be submitted in support of the appeal. All documentation and evidence in support of the appeal shall be provided at the sole cost of the appellant. Failure to file a timely notice of appeal shall be deemed to be a waiver of the right to appeal.
(b) Prior to a hearing before the POTW Board of Appeals regarding an appeal, the POTW Manager shall transmit to the POTW Board of Appeals a written summary of all previous action taken in connection with the action being appealed. The POTW Board of Appeals may, at its discretion, request the POTW Manager to provide further information regarding the action that is the subject of the appeal.
(c) The POTW Board of Appeals shall fix a reasonable time for the hearing of the appeal. Notice of the hearing shall be provided to require the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing. Any testimony taken at the hearing shall be under oath and recorded. A copy of the transcript of the hearing shall be made available at cost to any person upon payment of applicable charges for the transcript. The POTW Board of Appeals shall hear the appeal and make its recommendation to the County Agency within a reasonable time. The POTW Board of Appeals shall make its recommendation by a majority vote.
(d) The County Agency may accept or reject, in whole or in part, the recommendation of the POTW Board of Appeals, or may make any order, requirement, decision or determination as, in its opinion, ought to be made in the case under consideration.
(e) The final disposition of the appeal shall be in the form of a ruling by the County Agency reversing, modifying, or affirming, in whole or in part, the action of the POTW Manager. The decision of the County Agency shall be final.
(Ord. 2009-02. Passed 5-11-09.)