940.21 VARIANCE AND APPEALS UNDER THE WELLHEAD PROTECTION PROGRAM.

   (a)   Appeal. Any person aggrieved by any order issued by the Director of Public Utilities or designee under the provisions of this chapter may appeal such decision to the City Manager in accordance with established filing procedures.

   (b)   Wellhead Protection Appeals Advisory Board Established. The member communities of the Hamilton to New Baltimore Groundwater Consortium will establish a Wellhead Protection Appeals Advisory Board (WHPAAB) for the technical review of any variance or appeals request submitted under the Wellhead Protection Program. The WHPAAB shall consist of representatives from communities in the Hamilton to New Baltimore area as selected by City Council or other designated authority for that community. The WHPAAB shall operate in accordance with the bylaws developed by and for the group.

   (c)   WHPAAB Review. Before action on any variance or appeal under this chapter by the City Manager, the WHPAAB shall review any variance or appeal request to ensure that the request, if granted, will not present a contamination threat to groundwater. The WHPAAB shall provide a recommendation on the variance or appeal request to the City Manager. In doing so, they may include with the recommendation any such alternatives or modifications to the request as necessary to minimize the potential for groundwater contamination. The WHPAAB shall have thirty (30) days from receiving a variance or appeals request to make a recommendation to the City Manager. This thirty (30) day period shall be inclusive within, not in addition to, the allowed time frame for review by the City Manager.

(Ord. 98-10-103. Passed 10-14-98.)