Any discharger found by the Water/Wastewater Superintendent to have violated any provision of this chapter, its wastewater discharge permit or an order of the City shall have the right to appeal the Superintendent's findings to the Board of Control. The appeal shall be perfected by filing a notice of appeal which states the reasons therefor with the Superintendent no more than seven (7) days following the issuance of his order, notice or other proposed sanction. Within seven (7) working days, the Superintendent shall then transmit the notice, his order, notice or other proposed sanction to the Board of Control.
Within seven (7) working days after receiving the notice of appeal and other papers from the Superintendent, the Board of Control shall fix a time for a hearing of the appeal and shall give the discharger at least twenty (20) days prior written notice of the time and place of the hearing.
The discharger and the Superintendent shall have the right to appear before the Board and to be represented by counsel at the hearing. The Board shall receive any relevant evidence and testimony offered by either as it shall determine. Testimony received at the hearing shall be under oath. The Board of Control shall then affirm, modify or reverse the finding of the Superintendent. The Board of Control shall also prepare written conclusions of the facts found by it, its decision and its reasons therefor. The Board shall determine its own procedures not inconsistent with these provisions. (Ord. 4516-20. Passed 1-21-20.)