§ 25-109. Appeal procedure.

Any industrial user may apply within one year of the effective date of this system for exclusion from participation in the system on the issue of the discharge of primarily segregated domestic waste. New industrial users shall have one year from the date of their initial connection in which to apply for exclusion. Such appeal shall be submitted to the executive director of the authority. An application for exclusion shall include a schematic diagram of the user's process waste pretreatment and conveyance systems and waste strength tests in conformance with authority accepted procedures and guidelines which shall be available on request. All such diagrams shall be certified as accurate by an engineer licensed in this commonwealth and all such test results shall be certified as having been performed in accordance with authority accepted procedures and their accuracy shall be certified by a qualified chemists or laboratory located within the Commonwealth of Virginia.

An industrial user who is included in this system may file an application for redetermination of assessment with the executive director within thirty (30) days after the mailing date of the industrial cost recovery bill; provided however, there exists a substantial change in the quality or quantity of effluent discharge by such user arising subsequent to the last redetermination. Such changes shall be certified by a qualified chemist or laboratory as having occurred, and such a chemists or laboratory shall also certify that tests indicating the substantial changes were conducted in accordance with authority accepted practice.

All applications shall include the industrial user's name, address, sewer service account number and a brief statement of the reasons it is petitioning and the factual basis for the application. Applications shall set forth the names and titles of the individuals who will be appearing at the hearing. Applications shall be filed in three (3) copies and sent by registered mail to the executive director at the offices of the authority.

The authority shall notify the applicant by mail of the time and place for the hearing, such notice to be given within thirty (30) days after receipt of any application. The hearing shall be conducted on the application before the executive director of the authority, or his designee, not less than ten (10) days after mailing of such notice. The hearing format shall be an informal consultation and conference at which the industrial user shall present his argument, evidence, data and proof in connection with the issues submitted. A representative of the authority may then present its factual basis for the exclusion or assessment under consideration. The executive director or his designee, shall not be bound by the usual rules of evidence, but may conduct the hearing in such a manner as in his judgment will expeditiously and accurately determine the substantial rights of the industrial user and the authority. The executive director shall make findings of fact and a recommendation to the board of directors of the authority, which board shall make a final determination, the results of which shall be made known to the applicant.

Rehearings may be allowed by the authority for good cause shown and the procedure for rehearings shall be substantially the same as outlined above, except that the hearings shall be before the board of directors of the authority which body shall make a final determination.

(Ord. No. 80-1700-151, 3-4-80)

(Ord. No. 80-1700-151, 3-4-80)