(A) An Environmental Appeals Committee is hereby established, and authorized to hear and decide appeals from any decision, fine, or order issued or any other enforcement action taken by the environmental officer pursuant to this chapter. The Committee shall be composed of the City Manager, or Assistant City Manager, the Mayor, and the City Attorney, or any of their designated representatives.
(B) The Committee may call and hold hearings, administer oaths, receive evidence at the hearing, issue subpoenas to compel the attendance of witnesses and the production of papers and documents related to the hearing, and make findings of fact and decisions with respect to administering its powers herein.
(C) (1) Upon the hearing of an appeal from an order issued, enforcement action taken, or fine imposed by the environmental officer, the Committee shall determine if there is a preponderance of evidence to support the environmental officer's determination, fine, action, and/or order. The decision of the Committee shall be in writing and contain findings of fact. If the Committee determines that there is a preponderance of evidence to support the determination, fine, action, and/or order of the environmental officer, the Committee shall, in addition to its decision, issue an order:
(a) Requiring discontinuance of the violation or condition;
(b) Requiring compliance with any requirement to correct or prevent any condition or violation;
(c) Suspending or revoking any industrial user wastewater discharge permit issued under this chapter; and/or
(d) Imposing the proper fine.
(2) In any decision issued by the Committee, the order shall specify the time in which the compliance with the order must be taken. A copy of the order shall be delivered to the appellant or person to whom the order is directed in person or sent to him/her by registered or certified mail (return receipt requested).
(D) Upon the hearing of an appeal from a permit issuance, modification, or denial by the environmental officer, the Committee shall determine if there is a preponderance of evidence to support the environmental officer's permitting decision. The decision of the Committee shall be in writing. If the Committee determines that there is a preponderance of evidence to support the permitting decision of the environmental officer, the Committee shall affirm his/her decision. If the Committee determines that there is not a preponderance of evidence to support the permitting decision of the environmental officer, the Committee shall remand the permit, or permit application, back to the environmental officer for reconsideration. A copy of the decision of the Committee upon the permitting appeal shall be delivered to the appellant in person or sent to him/her by registered or certified mail. An Environmental Appeals Committee decision not to reconsider a final permit, or denial of a permit, shall be considered final administrative action for purposes of judicial review.
(Ord. 160726-A, passed 7-26-2016)