(a) Public notice shall be provided in a newspaper of general circulation in Marietta, Ohio, within five (5) working days of any final action by the Water Superintendent pursuant to Section 928.05, 928.06, and 928.14 which provide for the modification of maps delineating wellfield protection areas, addition or deletions of regulated substances, and granting of waivers, respectively.
(b) Unless a different time line is provided by this chapter, the Water Superintendent shall take appropriate action within sixty (60) days after submission of the request to him/her. If the Water Superintendent does not take the action within the sixty (60) day period, the request shall be deemed denied. The Water Superintendent shall maintain a journal or journals into which shall be entered all actions or decisions that the Water Superintendent desires to make final and shall notify by certified or registered mail any party adversely affected by his action or decision. The Director shall report to City Council on a monthly basis all actions or decisions journalized by the Water Superintendent in the preceding month, along with a listing of all pending determinations. All decisions of the Water Superintendent shall be appealable to the Board. If any proceedings are conducted as a part of the Water Superintendent's determination, a transcript of the proceedings shall be prepared and maintained.
(c) The Board is hereby established, and shall consist of five (5) designees. The five (5) designees shall be appointed by the Mayor, with the advice and consent of the City Council. All designees shall serve for a term of five (5) years. Each term shall be staggered over the five (5) year period, with one (1) Board member being replaced each year, to maintain the continuity of the Board. In creating the initial Board one (1) member will serve a (1) year term, one (1) member will serve a two (2) year term, one (1) member will serve a (3) year term, one (1) member will serve a four (4) year term, and one (1) member will serve a five (5) year term. When each Board member's term has expired, the person appointed to fill the vacancy then will serve a five (5) year term. The Board shall have the authority to take appeals, investigate matters related to said appeals, deny, uphold or otherwise mortify or waive actions or requirements on a case-by-case basis. The Board shall develop rules and regulations of operation consistent with its authority, and subject to approval of City Council.
(d) Any person adversely affected may appeal an action of the Water Superintendent made pursuant to this chapter by filing with the Board a notice of appeal within fourteen (14) days of said action and a statement of appeal within thirty (30) days of the date the action appealed form was journalized. A notice of appeal shall include as a minimum; name; address; telephone number; date and a statement of the intent to appeal. A statement of appeal shall include all information contained in the notice of appeal, a description of the nature of the appeal, and any pertinent documentation. All filings required herein shall be made at the office of the Water Superintendent.
(e) The Board shall conduct an adjudication hearing within forty-five (45) days of the receipt of the statement of appeal. The Board shall schedule an adjudication hearing and give public notice of this hearing and written notice to the parties involved at least fourteen (14) days in advance of the adjudication hearing. The Board shall issue a written decision on the appeal within five (5) days of the adjudication hearing. All interested parties, who submitted requests in writing, will receive written notification of the decision of the Board.
(f) Only those parties adversely affected by the Water Superintendent's action shall be parties to the adjudication hearing before the board. The Board may require the parties to prepare briefs covering such matters.
(g) A transcript of the preceding shall be prepared and maintained by the Water Superintendent, with cost being charged to the nonprevailing party.
(h) The actions of the Water Superintendent shall be binding pending the decision of the Board.
(i) The decisions of the board shall be immediately appealable to the Court of Common Pleas, pursuant to Chapter 2506 of the O.R.C.
(j) For purposes of appeal pursuant to O.R.C. Chapter 2506, the City of Marietta shall be considered an aggrieved person with the right to appeal the determination of the board wherever the Board modifies or rescinds an action by the Water Superintendent pursuant to this chapter. (Ord. 175(14-15). Passed 11-6-14.)