(A) Hearings. 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 § 52.122, or one issued an administrative order under § 52.121 shall have the right to a hearing or hearing(s) in accordance with regular local government hearing procedures upon making written demand, identifying the specific issues to be contested, to the POTW Director and Public Works 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. The term and conditions of a permit under review shall be as follows:
(1) 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.
(2) 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.
(3) 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) Judicial review. Any person against whom a final order or decision of the Council or Board serving the town is entered, may seek judicial review of the order or decision by filling a written request for review by the Superior Court of the county.
(Ord. 2013-00, passed 7-7-2012)