(A) The Village President shall appoint, subject to the village’s Board approval, the Groundwater Appeals Committee.
(B) Any decision by the Director of Public Works under this chapter may be appealed to the Groundwater Appeals Committee.
(C) The Groundwater Appeals Committee shall also hear petitions to exempt a facility from the requirements of §§ 58.020 et seq. of this chapter as follows:
(1) The applicant may demonstrate that the five-year capture zone area(s) map incorrectly identifies the facility as being within the groundwater protection overlay zone(s). The burden of proof shall rest upon the applicant to demonstrate that the facility location is not within a delineated five-year capture zone area. The applicant shall be required to present detailed hydrogeologic and hydrologic information to the Groundwater Appeals Committee that the facility location is, in fact, not within a five-year capture zone area.
(2) The applicant may be required to present detailed technical information that a material(s) on the regulated substances list does not endanger the GWPA in the event of an unauthorized release. To continue the permit appeal process, the applicant shall provide funds to the Groundwater Appeals Committee to pay for the technical review by the Groundwater Appeals Committee’s choice of consultant(s) of said hydrogeologic and hydrologic information and/or regulated substance information and shall base its recommendation, in part, on the report by said consultant(s).
(D) Procedures.
(1) Filing of appeals. Appeals to the Groundwater Appeals Committee take place by filing an appeal in writing with the Village Clerk within 14 days after receipt of a decision in writing from the Director of Public Works.
(2) Filing for exemption.
(a) Petitions to the Groundwater Appeals Committee to exempt a facility should also be filed with the Village Clerk.
(b) A hearing with the Committee will be held within 30 days of submission of the filing for an appeal or petition. A decision by the Committee will be made in writing within 30 days of the hearing.
(Ord. 99-18, passed 6-7-1999)