§ 28-214. Wastewater discharge permit appeals.

The director shall provide public notice of the issuance of a wastewater discharge permit. An applicant may petition the director to reconsider the terms of a wastewater discharge permit within thirty (30) days of notice of its issuance.

(a)

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

(b)

In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to and the reasons for this objection and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

(c)

The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

(d)

If the director or city manager fails to act within ninety (90) days of the petition, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

(e)

Any industrial user whose discharge has been determined by the director to be unacceptable may appeal to the city manager for a further review within thirty (30) days of the director's decision and subsections (a), (b), (c) and (d) above shall apply.

(Ord. No. C-98-61, § 3, 10-20-98; Ord. No. C-12-49, § 14, 12-18-12 )