(a) Whenever the City of York, including the General Manager, takes or proposes to take any administrative action that will affect the rights of a User, including but not limited to the issuance or denial of a permit, issuance of an Order, temporary or permanent suspension of a permit, or imposition of a civil penalty, the User shall be notified of the right to request an administrative hearing by the Sanitary Sewer Board of Appeals.
(b) A request for a hearing is subject to the following:
(1) The request must be made in writing to the General Manager.
(2) The request must be submitted within thirty (30) calendar days from the date of receipt of the Wastewater Discharge Permit, or notice of the action being taken or proposed to be taken, which is being challenged by the User.
(3) The request must state the specific provision(s) of a Wastewater Discharge Permit or the specific actions or proposed actions of the City of York which are being contested.
(4) The request must state the User's reasons for the appeal of each provision.
(5) The request may suggest alternate or revised provisions to replace those appealed.
(6) An appeal of an issued Wastewater Discharge Permit may include a request to stay specific Permit conditions pending the outcome of the appeal. Any such request shall include all factual and legal justification for such a request.
(c) Provisions specifically mandated by Federal or State regulations (e.g., compliance with Categorical Standards) shall not be appealed. Conditions that, in the opinion of the City of York, would constitute a hazard or pose a potential threat of Pollution if stayed, shall not be stayed during an appeal. The decision of whether to grant a stay shall be made by the General Manager within three (3) days of the receipt of the request for a hearing and communicated to the User. Any provisions of a Permit, Order, or other action that are not stayed shall remain in effect and be enforceable until a decision is rendered by the Board of Appeals.
(d) A hearing shall be scheduled by the Board of Appeals. The date of the hearing shall be not less than seven (7) days and not more than thirty (30) days from the receipt of the request for a hearing. The date, time, and place of the hearing shall be promptly communicated to the User.
(e) The Sanitary Sewer Board of Appeals shall consist of the York City Sewer Authority, or a board designated by York City Sewer Authority, which such designated board may include five members, consisting of:
(1) The Operations Manager of the POTW,
(2) Any number of member(s) of the York City Sewer Authority,
(3) Any one member of City Council,
Provided that, if any such member shall be a person who has a financial, legal or other proprietary interest in the User bringing the appeal, such person shall recuse himself from any vote which shall determine the decision of the body in regard to the appeal.
(f) The Board of Appeals shall conduct a hearing pursuant to the provisions of the Local Agency Law (2 Pa. C.S. Subchapter B). Such hearing may be on the record if requested by the appellant, subject to the provisions of 2 Pa. C.S. §553.
(g) The Board of Appeals shall render a decision within twenty (20) days of the hearing and inform the General Manager and the User of its decision in writing. The decision by the Board of Appeals constitutes final administrative action by the City of York.
(h) An adjudication of the City of York or the General Manager for which administrative review had been available shall not be subject to administrative or judicial review in any civil or criminal proceeding for enforcement.
(Ord. 16-2010. Passed 5-4-10.)