(a) Liberal Interpretation. This regulation shall be interpreted liberally to effectuate its broad remedial purpose of protection of the public health, safety and welfare. Absent a showing of actual abuse of discretion, the Authority's interpretation of the regulation shall have a strong presumption of validity.
(b) Grievances and Appeals.
(1) Any user aggrieved by a decision of the Authority under this regulation may file a written grievance with the Authority. The written grievance shall set forth the substance of the Authority's decision and the basis of the user's complaint.
(2) The Authority shall investigate the grievance and issue a written determination. The determination should include the following:
A. Name, address and location of the premises of the user;
B. A summary of the user's claim;
C. A summary of the facts revealed by the Authority's investigation;
D. An interpretation of any applicable regulation, law or policy;
E. A notice of the user's right to appeal to the Authority.
F. A copy of this grievance and appeal procedure.
(3) No legal action in the courts of the state or federal government shall be initiated by any user until completion of this administrative remedy.
(c) Records Retention. All dischargers subject to this regulation shall retain and preserve for no less than three years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analysis made by or in behalf of a discharger in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the Authority pursuant hereto shall be retained and brought by the Authority pursuant hereto shall be retained and preserved by the discharger until all enforcement activities have concluded and all period of limitation with respect to any and all appeals have expired. (Ord. 92-23. Passed 10-5-92.)