In the event a user is dissatisfied with permit conditions, enforcement procedures, or sampling procedures established or used by the Lockport Sanitary Sewer Department as it applies to his discharge to the sanitary sewer, except as such dissatisfaction relates to proceeding under §§ 55.050 through 55.059, that user shall seek relief through the use of the following administrative procedures. The procedure outlined herein is voluntary, and shall not act as a bar or condition precedent to the use of the Lockport Sanitary Sewer Department of any remedies provided herein. In order that problems or disputes may be resolved on the lowest practicable level; the procedures outlined below shall be followed in order.
(A) Initial review of complaint. User shall contact the Lockport Sanitary Sewer Department with his complaint or questions, and shall be referred to the appropriate department for initial screening, where the problem is routine in nature or requires only explanation, no further action will be taken.
(B) Manager's review. Where a user is not satisfied with the response given by the appropriate department, the complaint or question shall be reduced to writing and referred to management personnel, to be assigned by the Superintendent for review. The management personnel so designated shall review the file and consult with the user in an effort to resolve the problem. If the matter can be resolved to the user's satisfaction at this level, no further action will be required.
(C) Superintendent's review.
(1) If the review and discussion between the management personnel and the user do not resolve the matter, a report on the complaint, together with the manager's recommendations, will be forwarded to the Superintendent for his consideration and decision. If the decision of the Superintendent resolves the matter, no further action will be required.
(2) In the case of a user protesting a permit condition(s), the user, must file a petition for an appeal no later than ten days after the date of issuance of the permit. If the appeal is timely, an informal hearing with the Superintendent shall be scheduled. The user shall be given an opportunity to present his case with evidence and/or expert opinion as to why the conditions of his permit should be changed. The Superintendent shall issue a written decision on the appeal. If the Superintendent's decision resolves the matter, no further action will be required.
(D) City's review. If the findings and actions by the Superintendent do not satisfy the user, the entire file, together with recommendations from the Superintendent, shall be given to the City Council or its designated committee, which, after review of the file and recommendations of the Superintendent, shall meet with the user and review the complaint. Following the review of the file and discussion with the user, the city will make a final decision on the matter. In the case of a user protesting the Superintendent's decision of an appeal of a permit condition(s), the user must file a second petition for appeal no later than ten days after the date of receipt of the Superintendent's written decision. The city will schedule a formal hearing after reviewing the file and recommendations of the Superintendent. The user shall be given an opportunity to present his case with evidence and/or expert opinion as to why the conditions of his permit should be changed. The city shall issue a formal decision which shall be published in the official minutes of the hearing.
(Ord. 16-005, passed 5-18-16)