§ 12.16.660. Administrative appeals  


Latest version.
  • (a)

    Wastewater discharge permits.

    The industrial user, may appeal the terms or, denial of issuance of a wastewater discharge permit within 30 calendar days of the permit issuance pursuant to paragraph (c). Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal. In its petition, the appealing party must indicate the permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

    (b)

    Enforcement actions.

    An industrial user may appeal the issuance of an administrative enforcement action, such as suspension or revocation of a permit or assessed administrative penalty to the city within ten business days of an enforcement action pursuant to paragraph (c). Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal. In its petition, the appealing party must indicate the provisions objected to and the reasons for this objection. No action ordered in an enforcement action that is designed to compel the industrial user to comply with all applicable pretreatment standards or requirements shall be stayed pending the appeal nor shall additional enforcement responses for continuing violations be stayed.

    (c)

    Administrative hearings.

    (1)

    The appeal will be heard by the administrative hearing officer who can take the following actions:

    (i)

    Issue subpoenas requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings, and the director or the industrial user may petition the municipal court to enforce any subpoena issued pursuant to this section through the court's contempt powers.

    (ii)

    Receive evidence from both the industrial user and the director on any relevant issue involved in such hearings, provided however, that the Nevada Rules of Evidence shall not apply strictly to such evidence.

    (iii)

    Render a decision on a permit appeal or for the appeal of an enforcement action, issue an order to the industrial user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate to correct the violation may be issued.

    (2)

    The decision of the administrative hearing officer may be appealed to district court within 30 calendar days after written notification of the administrative hearing officer's decision by filing a petition for judicial review pursuant to the Nevada Rules of Civil Procedure. The appeal in district court will be a review of the administrative record. Failure to file a timely appeal to court shall be deemed a waiver of any and all objections to the administrative hearing officer's decision.

    (3)

    Representation is limited to representation in proper persona or by an attorney who is licensed to practice law in the State of Nevada.

(Ord. No. 6305, § 1, 8-28-13)