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(A) Purpose. An Appeals and Overseer's Board, composed of representatives of industry, regulatory agencies and the general public appointed by the Mayor and County Commissioners, shall be established to ensure that appeal is available to those persons aggrieved by an action of the administering agency regarding the adequacy of any HMPC Plan; to those persons fined or penalized pursuant to this chapter; and to coordinate and integrate the policies and procedures of the regulating agencies and persons related to the HMPC Plan. Any recommendation of the Appeals and Overseer's Board shall be advisory only and shall not be binding in any manner whatsoever upon the board of the administering agency.
(B) Appeal. The Board, in hearing an appeal, shall recommend to the administering agency that the agency's action be modified, upheld or dismissed or that as fine or penalty levied upon a person for violation of any provisions of this chapter be set aside, modified or left intact. The Board, upon an HMPC Plan appeal, may recommend to the administering agency exemptions or modifications in the content of the HMPC Plan and requirements for reporting hazardous materials releases; provided, the exemption or modification is based on the preventive physical aspects of the facility, including containment structures and automatic monitors, and the recognized and documented good performance of the industry in handling hazardous materials.
(1) The Board shall be composed of representatives of industry, regulatory agencies and the general public not to exceed 11 members, appointed by the Mayor, Common Council, County Council and County Commissioners.
(2) The Mayor shall appoint five members, one of whom shall be representative of the Fire Marshal's Office; two of whom shall be representatives of industry; and two of whom shall be representatives of the general public. The Common Council shall appoint a representative. The County Commissioners shall appoint four members, one of whom shall be a representative of the Civil Defense Office; one of whom shall be a representative of a regulatory agency; one of whom shall be a representative of industry; and one of whom shall be a representative of the general public. The County Council shall appoint a representative.
(3) A simple majority of the Board shall constitute a quorum. The Appeals and Overseer's Board shall function according to the by-laws developed by the Board.
(Ord. G-87-193, passed 7-6-1987)