(A) Public notification. The Public Works Director will publish (in an official government publication and/or newspaper(s) of individual circulation that provides meaningful public notice with the jurisdiction(s) served by the POTW, or on a web page), a notice to issue a pretreatment permit, at least 30 days prior to issuance. The notice will indicate a location where the draft permit may be reviewed and an address where written comments may be submitted.
(B) Permit appeals. Public Works Director shall provide public notice of the issuance of an individual wastewater discharge permit. Any person, including the user, may petition Public Works Director to reconsider the terms of an individual wastewater discharge permit within 30 days of notice of its issuance.
(1) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(2) In its petition, the appealing party must indicate the individual wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the individual wastewater discharge permit.
(3) The effectiveness of the individual wastewater discharge permit shall not be stayed pending the appeal.
(4) If Public Works Director fails to act within 90 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider an individual wastewater discharge permit, not to issue an individual wastewater discharge permit or not to modify an individual wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
(5) Aggrieved parties seeking judicial review of the final administrative individual wastewater discharge permit decision must do so by filing a complaint with the Fulton Circuit Court within 60 days from his or her receipt of the written denial as set out in KRS 61.846 (1) and (2), or if the public agency refuses to provide a written denial, within 60 days from the date the written complaint was submitted to the presiding officer of the public agency (see KRS 848). Should a complaining party first pursue review by the Attorney General, then the party shall have 30 days from the day that the Attorney General renders his or her decision to appeal the decision. An appeal within the 30 day time limit shall be treated as if it were an action brought under KRS 61.848 (See KRS 61.846).
(Ord. 2013-17, passed 9-9-2013)