Except as otherwise provided by this section, an appeal to the wastewater board of
appeals ("WBA") of any final decision made by the POTW superintendent in connection
with issuing or implementing a User Permit shall be governed by division 18 of this article. An appealing party must specify in its notice of appeal the action
of the POTW being appealed and the grounds for the appeal. If a particular permit
provision is objected to, the notice of appeal must specify the reasons for the objection,
and the alternative provision, if any, sought to be placed in the permit. The effectiveness
of a permit or any final decision made by the POTW superintendent shall not be stayed
pending a decision by the WBA. If, after considering the record on appeal including
any statements provided by the POTW in response to the appeal, the WBA determines
that a permit or any provision of a permit should be reconsidered, the WBA shall remand
the matter to the POTW superintendent for further action as determined appropriate
by the WBA. Specific provisions of a permit that are remanded by the WBA for reconsideration
by the POTW superintendent shall be stayed pending further final action taken by the
POTW Superintendent as required by the decision of the WBA. A decision of the WBA
not to remand any matter shall be considered final administrative action for purposes
of judicial review.
(Ord. No.
2017-5
, § 2, 5-15-17)
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