(a) Requests for Reconsideration. Any person adversely affected by a determination made by the Superintendent in administering the provisions of this chapter may submit to the Superintendent a written request for reconsideration within ten days of the issuance of such determination. The request shall detail the arguments supporting a reconsideration. The Superintendent shall respond to the request, in writing, within thirty days of receipt. If the Superintendent makes a determination not to reconsider, a notice of appeal may be submitted to the Pretreatment Appeal Board within ten days of receipt of such determination. If the Board believes the appeal has merit, it may convene a hearing on the matter within thirty days of receipt of the appeal. The Board shall issue a written decision on the appeal within ten days of the hearing. If the Board decides not to convene a hearing, the Board shall respond to the appeal in writing within thirty days of receipt of the appeal.
(b) Notice of Appeal. Where this chapter specifically provides for an appeal before the Pretreatment Appeal Board, the appealing party shall submit a written notice of appeal to any member of the Board within the time frame specified. Failure to submit a timely appeal shall be considered a waiver of the right to appeal. The notice of appeal shall contain, at a minimum, the name, address and telephone number of the appellant, the date of the appeal, the arguments in support of the appeal and any supporting documentation. The Board shall respond within the time frame specified for that type of appeal. If the Board believes an appeal has merit, it may convene a hearing, but need not do so. Notice of a hearing shall be mailed to the appellant not later than twenty days prior to the scheduled date of the hearing. All responses by the Board shall be issued in writing. This chapter provides for appeal of:
(3) Negative responses by the Superintendent to requests for reconsideration, in accordance with subsection (a) hereof.
(c) Permit Appeals. The Superintendent will provide all interested persons with notice of final permit decisions. Upon notice by the Superintendent, any person, including the industrial user, may submit to the Pretreatment Appeal Board a written notice of appeal within thirty days of receipt of the Superintendent's final permit decision.
Failure to submit a timely notice of appeal shall be deemed to be a waiver of the appeal.
In its petition, the appealing party must indicate the permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to be placed in the permit.
The effectiveness of the permit shall not be stayed pending a reconsideration by the Pretreatment Appeal Board. If, after considering the petition and any arguments put forth by the appealing party, the Pretreatment Appeal Board determines that reconsideration is proper, it shall remand the permit back to the Superintendent for reissuance. Those permit provisions being remanded by the Pretreatment Appeal Board for reconsideration shall be stayed pending reissuance.
The Pretreatment Appeal Board's decision not to reconsider a final permit shall be considered final administrative action for purposes of judicial review.
Aggrieved parties seeking judicial review of final Pretreatment Appeal Board actions must do so by filing a complaint with the appropriate local court for the City in accordance with State and local law.
(Ord. 5330. Passed 10-15-91.)