§ 19-63. Wastewater discharge permit appeals.

Any substantially affected person, including the User, may petition the Administrator to reconsider the terms of a wastewater discharge permit within thirty (30) days of issuance or denial.

(1)

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

(2)

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

(3)

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

(4)

The Administrator shall state specific reasons for the denial of the application.

(5)

If the Administrator fails to act within thirty (30) days, a request for reconsideration shall be deemed denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions.

(6)

Judicial review of a final administrative wastewater discharge permit decision shall be by petition for writ of certiorari, in the circuit court, in and for Marion County. Any such appeal shall be filed within thirty (30) days of the date of the final administrative action.

(Ord. No. 97-15, § 5(5.3), 9-15-97; Ord. No. 12-16, § II(Exh. A), 7-3-2012)