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(a) Initial Administrative Review. Whenever the City initiates an enforcement action occasioned by noncompliance with a wastewater contribution permit or other lawful requirement, the City shall inform the user to whom or to which such action is addressed of the user's right to submit to the Water Pollution Control Board, within ten working days, a written request for review of that action. A request for review shall set forth in detail the facts and arguments supporting a modification or reversal of the City's decision. After receiving a request for review, the Board shall review the decision and at its next regularly scheduled meeting or within thirty days, whichever last occurs, and within ten days after the Board's review of said decision, provide he user requesting the review a written decision affirming, reversing or modifying its initial action and the reasons for the decision. If the decision is adverse to the user requesting review, the decision shall indicate the procedures necessary for an administrative appeal and the date by which the user must initiate the administrative appeal.
(b) Administrative Appeal. If a decision under subsection (a) hereof is adverse to the user requesting the review, the user may appeal the decision by providing a notice of appeal to the Board within thirty days after the date of its decision. The City shall provide for a hearing on appeal from a decision under this section within sixty days after the Board has received a notice of appeal. The City shall notify the user of the date of the hearing at least thirty days before the hearing. Such notice shall be made personally or by certified mail upon the user. Service is complete on the date of mailing.
The City shall select an impartial person to be the administrative law judge to preside over the hearing. The administrative law judge shall ensure that the record of the proceedings is complete.
At the hearing, the user or such user's representative or attorney shall be permitted to present such user's position, arguments and contentions. Evidence may be admitted and witnesses may be examined and cross-examined to either support the user's position or to refute evidence and testimony offered by the Board. Further, the right to proffer evidence into the record shall be recognized. All witnesses shall be placed under oath, and the administrative law judge shall permit subpoenas to be issued upon written request. If neither the user nor such user's authorized representative appears at the hearing, the administrative law judge shall proceed with the hearing.
Within thirty days from the date of the hearing or of the close of the record, whichever is later, the administrative law judge shall issue a written decision and the reason for it. The written decision shall be served personally or by certified mail to the user. The decision of the administrative law judge shall be a final administrative determination for purposes of judicial review by any party.
(c) Expedited Appeals of Emergency Suspension Orders. Any user to whom or to which an emergency suspension order is issued under Section 932.26 may immediately appeal the order under subsection (b) hereof without first requesting initial review of the order under subsection (a) hereof. Appeals of emergency suspension orders shall have priority over all other appeals filed under subsection (b) hereof and shall be considered on an expedited basis, as determined by the City. The provisions of this subsection in no way preclude or limit the ability or the right of the City to seek injunctive relief from an appropriate Court under Section 932.29.
(Ord. 93-293. Passed 12-20-93; Ord. 2002-179. Passed 9-3-02.)