(a) Any person affected by a determination of the director of environmental services under subsections 16-4(b)(3) or 16-4.1(c), or the assessment of a civil fine in a civil citation issued in connection with the enforcement of article II, shall have the right to be granted a hearing on the matter. To perfect an appeal such person shall file, with the environmental hearing board, or its designee, a written request for such hearing and the grounds therefore within the time established under section 2B-6 of the Code. A notice of violation issued pursuant to section 16-202(a)(2)(a) is not a final determination and shall not be subject to appeal under this section.
(b) Any person affected by a determination of the director of environmental policy under section 16-202, the assessment of a civil fine in a civil citation issued in connection with the enforcement of this chapter, or any administrative order issued pursuant to this article, shall have the right to request and shall have granted a hearing on the matter. To perfect an appeal such person shall file, with the infrastructure hearing board as set forth in article IX, or its designee, a written request for such hearing and the grounds therefore in the manner and time specified in section 2B-6 of the Code. A notice of violation issued pursuant to subsection 16-202(a)(2)(a) is not a final determination and shall not be subject to appeal under this section.
(c) Failure to appeal. Civil citations and any administrative orders referenced therein or attached thereto issued pursuant to sections 16-202 shall represent determinations that the violation has been committed and that determination shall be final and deemed adjudicated, unless appeal is taken to the environmental hearing board or infrastructure hearing board, as appropriate, within the applicable time period.
(d) All appeals shall be as specified in chapter 2B of the Code.
(Ord. No. 143-2009, § 19, 7-7-09; Ord. No. 221-2016 , § 16, 19, 12-6-16)