(A) Appeals by significant industrial users. Appeals by all other users or persons shall be governed by this section.
(B) Administrative appeal. An applicant whose permit is denied or is granted subject to conditions he or she deems unacceptable, a permittee/user assessed a civil penalty under § 50.999 of this chapter, or one issued an administrative order under § 50.119 of this chapter shall have the right to an adjudicatory hearing before the POTW Director or other hearing officer appointed by the POTW Director upon making written demand, identifying the specific issues to be contested, to the POTW Director within 30 days following receipt of the significant industrial user permit, civil penalty assessment or administrative order. Unless such written demand is made within the time herein specified, the initial determination shall be final and binding and further appeal is barred. For modified permits, only those parts of the permit being modified may be adjudicated. During the pendency of such appeal, the assessment of such penalty or such other action as may be the subject of an appeal shall be stayed. Upon appeal of a new permit, the terms and conditions of the entire permit are stayed and the permit is not in effect until either the conclusion of judicial review or until the parties reach a mutual resolution. Upon appeal of an existing permit, the terms and conditions of the existing permit remain in effect until either the conclusion of judicial review or until the parties reach a mutual resolution. Upon appeal of a terminated permit, no permit is in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.
(C) Time for hearing. The hearing must be held by the Town Manager or his or her designee within 30 calendar days following receipt of the request for hearing. At the hearing, the appellant shall be given the opportunity to present evidence to refute the findings which supported the initial determination. The Town Manager or his or her designee shall consider the evidence before him or her and shall either revoke, modify or affirm the initial determination. The Town Manager or his or her designee shall make a final decision on the contested permit, penalty assessment or order within 15 days of the hearing. The Town Manager or his or her designee shall file an official record of the decision. The decision is a final decision for the purposes of seeking judicial review.
(D) Judicial review. Any person against whom a final order or decision of the Town Manager or his or her designee is entered may seek judicial review of the order or decision within 30 days after receipt of notice by registered or certified mail of the order or decision, but not thereafter, in a proceeding in the nature of certiorari in the Superior Court Division of the General Court of Justice, Duplin County. Within 30 days of the service of the petition on the town or within such other time period as directed by the Court, the town shall file with the court certified copies of the official record of the hearing which shall include:
(1) All notices, motions and other like pleadings;
(2) A copy of all documentary evidence introduced;
(3) Minutes of the hearing or an audio tape recording of the hearing; and
(4) A copy of the final decision of the Town Manager or his or her designee.
(Ord. passed 10-14-2021)