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Any person, including the user, may petition the City to reconsider the terms of a wastewater discharge permit or the denial of a wastewater discharge permit within 30 days of its issuance or denial. A wastewater discharge permit or notice of denial of such permit shall contain notice of the petition for review procedures that a person may follow to obtain administrative review of the permit decision.

A. Failure to submit a timely petition for review waives any right to an administrative appeal.

B. A petition for review shall be in writing and served either in person or by certified mail to the City. In its petition, the appealing party must specify the name and address of the person filing the petition for review, 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.

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

D. The City shall conduct a hearing to determine the merits of the petition. Prior to the hearing, the person conducting the hearing shall notify the petitioner of the time and place of the hearing, and that the petitioner will have the opportunity to present evidence and make statements in support of the appeal. The person conducting the hearing shall have the sole discretion to determine the amount of time allowed for the appeal hearing. The person conducting the hearing may rely on any relevant evidence provided by City staff, or obtained by any other reasonable means. The decision on the hearing shall be in writing. If the City fails to make a determination on the petition within 30 days, the petition shall be deemed to be denied, and the permit denial or permit conditions appealed from shall be the final decision of the City.

E. The decision on the petition for review is the final decision of the City. The final decision may only be challenged under the writ of review provisions of Oregon law. [Ord. NS-2182, 2012]