The local government may conduct hearings in accordance with its regular hearing procedure.
(A) Adjudicatory hearing.
(1) An applicant whose permit is denied, or is granted subject to conditions he or she deems unacceptable, a permittee/user assessed a civil penalty under § 52.999, or one issued an administrative order under § 52.085, shall have the right to an adjudicatory hearing before the POTW Director or other Hearing Officer appointed by the POTW Director upon making written demand, identifying the specific issues to be contested, to the POTW Director within 30 days following receipt of the significant industrial user permit, civil penalty assessment, or administrative order. Unless such written demand is made within the time specified herein, the action shall be final and binding and further appeal is barred. For modified permits, only those parts of the permit being modified may be adjudicated.
(2) The Hearing Officer shall make a final decision on the contested permit, penalty, or order within 45 days of the receipt of the written demand for a hearing. The POTW Director shall transmit a copy of the Hearing Officer’s decision by registered or certified mail as described in division (B) below.
(3) The decision is a final decision for the purposes of seeking judicial review. The terms and conditions of a permit under appeal shall be as follows:
(a) New permits. Upon appeal, including judicial review in the General Courts of Justice, of the terms or conditions of a newly issued permit, the terms and conditions of the entire permit are stayed and the permit is not in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.
(b) Renewed permits. Upon appeal, including judicial review in the General Courts of Justice, of the terms or conditions of a renewed permit, the terms and conditions of the existing permit remain in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.
(c) Terminated permits. Upon appeal, including judicial review in the General Courts of Justice, of a terminated permit, no permit is in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.
(B) Official record. When a final decision is issued under division (A) above, the Hearing Officer shall prepare an official record of the case that includes:
(1) All notices, motions, and other like pleadings;
(2) A copy of all documentary evidence introduced;
(3) A certified transcript of all testimony taken, if testimony is transcribed. If testimony is taken and not transcribed, then a narrative summary of any testimony taken; and/or
(4) A copy of the final decision of the Hearing Officer.
(C) Judicial review. Any person against whom a final order or decision of the Hearing Officer is entered, pursuant to the hearing conducted under division (A) above, may seek judicial review of the order or decision by filing a written request for review by the Superior Court of the county within 30 days after receipt of notice by registered or certified mail of the order or decision, but not thereafter, along with a copy to the county’s Department of Public Utilities. Within 30 days after receipt of the copy of the written request for review by the Court, the Hearing Officer shall transmit to the reviewing Court the original or a certified copy of the official record.
(Ord. passed 12-5-2011)