(A) Public notification. The Superintendent shall provide public notice of the issuance of an individual wastewater discharge permit or a general permit. The Superintendent will publish the notice on a Web page or in an official government publication and/or newspaper of general circulation that provides meaningful public notice for the jurisdiction served by the POTW. The notice will indicate a location where the draft permit may be reviewed and an address where written comments may be submitted.
(B) Permit appeal process. Any person, including the user, may appeal the terms of an individual or general wastewater discharge permit issued by the Superintendent in accordance with the following procedure:
(1) Administrative appeal to the Superintendent. Any person, including the user, may petition the Superintendent to reconsider the terms of an individual or general wastewater discharge permit within 30 working days of notice of its issuance.
(a) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(b) In its petition, the appealing party must indicate the individual or general wastewater discharge permit provision(s) to which the appealing party objects; the reasons for the objection(s), and the alternative condition(s), if any, that the appealing party seeks to place in the individual wastewater discharge permit or a general permit.
(c) The effectiveness of the individual or general wastewater discharge permit may be stayed pending the appeal.
(d) The Superintendent shall make every effort to either approve or deny the petition, or schedule a conference with the petitioner, within 30 working days from the receipt of a petition for review. If the Superintendent fails to act within 30 working days, a petition for reconsideration shall be deemed to be denied and the date upon which the thirtieth day falls shall be considered the date of the final administrative decision.
(e) Decisions not to reconsider an individual or general wastewater discharge permit, not to issue an individual or general wastewater discharge permit, or not to modify an individual or general wastewater discharge permit shall be considered the date of the Superintendent’s final administrative decision.
(3) Judicial review. Aggrieved parties seeking judicial review of a final administrative decision of the Board of Public Works and Safety must do so by filing a petition with the appropriate court of competent jurisdiction within 30 calendar days of the date of the final administrative decision issued by the Board of Public Works and Safety in accordance with § 55.306(D)(4).
(Ord. 6619, passed 1-28-13)