The following rules shall apply to all appeals of all notices of violation, fines and civil penalties issued under the control authority’s civil penalty assessment policy and/or adjudication’s of the control authority:
(A) All appeals must be perfected by:
(1) Filing a notice of appeal, in writing, with the Pretreatment Coordinator (Easton Area Joint Sewer Authority, 50-A South Delaware Drive, Easton, Pennsylvania 18042) within 30 days from the date of:
(a) Notice of administrative order;
(b) Notice of violation fines and civil penalty; or
(c) Adjudication, as the case may be.
(2) Forwarding to the control authority with the notice of appeal the amount of fine or civil penalty initially assessed by the control authority for placement in the control authority interest-bearing escrow account with any commonwealth bank, pending the outcome of the appeal. All interest earned shall go to the prevailing party.
(B) Failure to perfect an appeal within the applicable time period shall result in a waiver of all legal rights to contest any violation or administrative order, the amount of any penalty or any adjudication by the control authority.
(C) In appeals involving the assessment of a fine or civil penalty, the notice of appeal must specify whether the issue appealed is the amount of the fine and/or penalty or the fact of violation, or both. Failure to specify an issue of appeal waives all legal rights to contest that issue on appeal.
(D) All appeals will be heard pursuant to the rules and regulations of the control authority and the rules of evidence and procedure applicable under the Local Agency Law, 2 Pa.C.S. §§ 551 and 751.
(E) All appeals will be heard by a hearing board consisting of three control authority Board members designated by the control authority Chairperson.
(F) Appeal panels may be appointed by the control authority Chairperson as standing panels, or on a case-by-case basis, as determined from time to time, in the sole discretion of the control authority Chairperson. The control authority Chairperson may also designate an alternate member for any standing panel or case hearing panel.
(G) Hearings shall be scheduled to commence within 30 days from the date an appeal is perfected.
(H) With regard to each appeal to be heard by a Hearing Board, the control authority shall publish a public notice of hearing pursuant to the requirements of the Sunshine Law, 65 Pa.C.S. §§ 701 et seq., and all hearings shall be open to the public. The hearing panel may deliberate in private session but must vote upon the appeal and render a written decision and adjudication in public session.
(I) Industrial users may further appeal an adjudication of the hearing board to the court of common pleas of the county, as provided by law.
(Res. 1998-10-18-A, passed 10-19-1998; Ord. 180, passed 12-21-1998)