<div class="chunk-title">Sec. 78-70. - Adjudicatory hearing.</div>
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            <p class="incr0">
               (a)
               
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               <span class="ital">Persons entitled to hearing.</span> The following persons are entitled to a hearing pursuant to this section:
               
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            <p class="incr1">
               (1)
               
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               An applicant for a wastewater discharge permit or other permit required by this article
               who is denied a permit or is granted a permit subject to conditions which are unacceptable
               to the applicant;
               
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            <p class="incr1">
               (2)
               
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               A user who is assessed a civil penalty pursuant to section 78-68.2;
               
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               (3)
               
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               A user to whom an order is issued pursuant to section 78-68.1(d) or (e).
               
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            <p class="incr0">
               (b)
               
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               <span class="ital">Demand for hearing.</span>
               
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            <p class="incr1">
               (1)
               
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               Any person entitled to a hearing pursuant to this section shall exercise such right
               as set forth in<a href="" data-chunk-id="PTIICOOR_CH78UT_ARTIIISEUS_S78-70ADHE" class="section-link" data-product-id="12658"> section 78-70</a>(b)(2). Such demand shall be in writing and state separately each issue to be considered
               and such other matters as are hereinafter required.
               
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            <p class="incr1">
               (2)
               
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            <p class="content2">
               Any person making a demand for a hearing shall deliver the demand to the executive
               director within the following applicable time limits after receipt of notice of the
               action to be heard:
               
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            <p class="incr2">
               (i)
               
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               Thirty days for the denial of a permit required by this article or for the grant of
               a permit required by this article subject to conditions which are unacceptable to
               the applicant;
               
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            <p class="incr2">
               (ii)
               
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               Thirty days of the assessment of a civil penalty;
               
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            <p class="incr2">
               (iii)
               
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               Twenty days for a compliance order issued pursuant to section 78-68.1(d);
               
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            <p class="incr2">
               (iv)
               
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               Ten days for a cease and desist order issued pursuant to section 78-68.1(e).
               
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            <p class="incr0">
               (c)
               
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               <span class="ital">Contents of demand.</span> In the demand for a hearing to consider:
               
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            <p class="incr1">
               (1)
               
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               A permit granted subject to unacceptable conditions, the applicant must identify separately
               each unacceptable condition and every basis for such contention;
               
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            <p class="incr1">
               (2)
               
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               A civil penalty assessment, the person to whom such penalty was assessed must state
               separately each reason why such penalty should not be assessed or, if the user contends
               that the civil penalty was assessed in an improper amount, each reason why the amount
               of the penalty is improper; and
               
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            <p class="incr1">
               (3)
               
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               The issuance of an order, the person to whom such order is issued must identity separately
               each provision of the order which is improper and every basis for such contention.
               
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            <p class="incr0">
               (d)
               
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               <span class="ital">Conduct of hearing.</span>
               
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            <p class="incr1">
               (1)
               
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               The hearing shall be conducted by the executive director and shall be subject to such
               rules as have been approved by the board of directors or the executive director as
               hereinafter set forth. If the demand for a hearing is not made in accordance with
               the provisions of this section, the executive director shall reject the demand and
               any right to a hearing shall be terminated. If any person demanding a hearing shall
               fail to comply with an order of the executive director or with any rules issued by
               the executive director or approved by the board of directors concerning the conduct
               of the hearing, the executive director may reject the demand and any right to a hearing
               shall be terminated. Within 90 days of the receipt of the written demand for a hearing,
               the executive director shall conduct a hearing and issue a final order or decision.
               The executive director shall transmit a copy of the final order or decision to the
               person demanding the hearing by registered or certified mail. No further review of
               the executive director's final order or decision will be allowed, except as set forth
               in<a href="" data-chunk-id="PTIICOOR_CH78UT_ARTIIISEUS_S78-70ADHE" class="section-link" data-product-id="12658"> section 78-70</a>(g).
               
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            <p class="incr1">
               (2)
               
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               The executive director may submit rules to the board of directors for approval concerning
               the conduct of the hearing and any other matter associated with the hearing. Such
               rules may impose requirements in addition to the provisions of this section. Upon
               approval by the board of directors, such rules shall be as effective as if set forth
               in this section. The executive director shall make a copy of such rules available
               for inspection upon the request of any person.
               
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            <p class="incr1">
               (3)
               
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            <p class="content2">
               The executive director is authorized to take any action which is reasonably necessary
               or convenient in considering a demand for a hearing and in resolving the issues raised
               therein so long as such action is not contrary to the provisions of this article,
               any rules approved by the board of directors or other applicable law.
               
            </p>
            		
            <p class="incr1">
               (4)
               
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            <p class="content2">
               The executive director may appoint a hearing officer to conduct any hearing authorized
               by this section. A hearing officer shall have the same authority to conduct a hearing
               and reach a decision as is provided to the executive director; provided that, the
               decision of the hearing officer shall not be final but shall be a recommended decision
               for consideration by the executive director. The executive director may approve such
               decision without change, reject the decision and require a new or continued hearing,
               or issue a different or revised decision which is supported by evidence presented
               at the hearing. The executive director may refer a recommended decision of a hearing
               officer to the chairman of the board or his designee. In the event of a referral,
               the chairman of the board or his designee shall have the same authority to act upon
               a recommended decision of a hearing officer as is provided to the executive director.
               The decision of the executive director or, in the event of a referral, of the chairman
               of the board or his designee shall be final. A final order may provide that the action
               which is the basis for the demand for a hearing is approved without change or may
               modify such action in any manner that is supported by the evidence presented at the
               hearing.
               
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            <p class="incr1">
               (5)
               
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            <p class="content2">
               The executive director may provide for any part of the hearing to be recorded by any
               reasonable means, including, but not limited to, audio and/or video recording, stenographer,
               or court reporter. A transcript of any hearing, or part thereof, which is recorded
               need not be prepared unless requested. The original of a requested transcript shall
               be filed with the executive director. Each person shall bear the cost of the transcript
               which said person requests, including any copy thereof.
               
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            <p class="incr0">
               (e)
               
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               <span class="ital">Stay of permit conditions pending hearing.</span>
               
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            <p class="incr1">
               (1)
               
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            <p class="content2">
               Except as provided in<a href="" data-chunk-id="PTIICOOR_CH78UT_ARTIIISEUS_S78-70ADHE" class="section-link" data-product-id="12658"> section 78-70</a>(e)(4) each condition of a permit which has been included in a demand for a hearing
               in accordance with the provisions of this section is stayed and shall not take effect
               until the earliest occurrence of any one of the following circumstances: Such condition
               is approved or is modified by the executive director at an adjudicatory hearing; or
               the applicant and the executive director agree on the conditions of the permit. This
               subsection shall not be construed to stay any provision of this article or other applicable
               law.
               
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            <p class="incr1">
               (2)
               
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            <p class="content2">
               Upon receipt of a demand for a hearing on a permit granted subject to unacceptable
               conditions, the executive director shall identity each provision to which no objection
               was made and such provisions shall remain in effect; provided that, if the executive
               director determines that it would be unreasonable for a provision to apply when all
               surrounding circumstances are considered, the executive director in his sole discretion
               may stay such provision until the time set forth in<a href="" data-chunk-id="PTIICOOR_CH78UT_ARTIIISEUS_S78-70ADHE" class="section-link" data-product-id="12658"> section 78-70</a>(e)(1).
               
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            <p class="incr1">
               (3)
               
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            <p class="content2">
               If the unacceptable permit is a renewal of an existing permit, each provision of the
               applicants existing permit will remain in effect until the time set forth in<a href="" data-chunk-id="PTIICOOR_CH78UT_ARTIIISEUS_S78-70ADHE" class="section-link" data-product-id="12658"> section 78-70</a>(e)(1) above; provided that such provision from the existing permit does not conflict
               with any provision of the unacceptable permit which is not stayed. In the event of
               a conflict, the provision from the unacceptable permit will control.
               
            </p>
            		
            <p class="incr1">
               (4)
               
            </p>
            		
            <p class="content2">
               Any condition of a permit which is unacceptable to an applicant and which is included
               in a permit pursuant to section 78-64.3(d) shall remain in effect and shall not be
               stayed by the provisions of<a href="" data-chunk-id="PTIICOOR_CH78UT_ARTIIISEUS_S78-70ADHE" class="section-link" data-product-id="12658"> section 78-70</a>(e)(1).
               
            </p>
            		
            <p class="incr0">
               (f)
               
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            <p class="content1">
               <span class="ital">Stay of assessment; order.</span>
               
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            <p class="incr1">
               (1)
               
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            <p class="incr_ml2">
               (i)
               
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            <p class="content3">
               Each assessment of a civil penalty which has been included in a demand for a hearing
               in accordance with the provisions of this section is stayed and shall not take effect
               until the earliest occurrence of any one of the following circumstances: the assessment
               of the civil penalty is approved or is modified by the executive director at an adjudicatory
               hearing; or the person who is assessed the civil penalty and the executive director
               agree on the assessment.
               
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            <p class="incr2">
               (ii)
               
            </p>
            		
            <p class="content3">
               If the assessment of a civil penalty against any person is approved or modified by
               the executive director at an adjudicatory hearing, the executive director may include
               the following provisions in any order or decision:
               
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            <p class="incr3">
               (A)
               
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            <p class="content4">
               Said person may be required to pay said penalty within ten days or such additional
               time as the executive director may specify;
               
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            <p class="incr3">
               (B)
               
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            <p class="content4">
               If said penalty is not paid in a timely manner, the penalty will be delinquent and
               water and/or sewer service may be terminated to said person without further notice.
               If water and/or sewer service is terminated pursuant to a decision authorized by this
               subsection, the application charges and fees as set forth in<a href="" data-chunk-id="PTIICOOR_CH78UT_ARTIIISEUS_S78-63FE" class="section-link" data-product-id="12658"> section 78-63</a> must be paid before service will be restored.
               
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            <p class="incr1">
               (2)
               
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            <p class="content2">
               Except as provided in section 78-68.1(f)(suspension), each provision of an order which
               has been included in a demand for a hearing in accordance with the provisions of this
               section is stayed and shall not take effect until the earliest occurrence of any one
               of the following circumstances: such provision is approved or is modified by the executive
               director at an adjudicatory hearing; or the person to whom the order is directed and
               the executive director agree on the terms of the order. This subsection shall not
               be construed to stay any provision of this article or other applicable law.
               
            </p>
            		
            <p class="incr1">
               (3)
               
            </p>
            		
            <p class="content2">
               Upon receipt of a demand for a hearing on an order, the executive director shall identify
               each provision to which no objection was made and such provision shall remain in effect;
               provided that, if the executive director determines that it would be unreasonable
               for such provision to apply when all surrounding circumstances are considered, the
               executive director in his sole discretion may stay such provision until the time set
               forth in<a href="" data-chunk-id="PTIICOOR_CH78UT_ARTIIISEUS_S78-70ADHE" class="section-link" data-product-id="12658"> section 78-70</a>(f)(2).
               
            </p>
            		
            <p class="incr0">
               (g)
               
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            <p class="content1">
               <span class="ital">Judicial review.</span> Any person against whom a final order or decision of the executive director is made
               pursuant to the hearing conducted under<a href="" data-chunk-id="PTIICOOR_CH78UT_ARTIIISEUS_S78-70ADHE" class="section-link" data-product-id="12658"> section 78-70</a>, may seek judicial review of the order or decision by filing a written petition within
               30 days after receipt of notice of the order or decision, but not thereafter, with
               the Superior Court of Cabarrus County. If not previously requested, said person shall
               request in writing that a transcript be prepared for every part of the hearing which
               was recorded. Said request shall be made at or before the time that the petition is
               filed. A copy of the petition shall be served on WSACC in the manner required by law.
               Within 30 days after service of a copy of the petition upon WSACC or such other time
               as may be ordered by the court, WSACC shall prepare and transmit to the court the
               original or a certified copy of the official record of the hearing as hereinafter
               set forth. The official record of the hearing shall consist of:
               
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            <p class="incr1">
               (1)
               
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            <p class="content2">
               All notices, motions and other similar documents;
               
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            <p class="incr1">
               (2)
               
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            <p class="content2">
               All documentary and tangible evidence tendered at the hearing; and
               
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            <p class="incr1">
               (3)
               
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            <p class="content2">
               The final order or decision. A transcript of each part of the hearing that was recorded
               shall be included in the official record as an exhibit, if available at the time the
               remaining portion of the official record is transmitted to the court. If the transcript
               is not available at that time, it shall be transmitted to the court as soon as reasonably
               possible after the transcript has been prepared. If testimony is taken and not recorded,
               a narrative summary of any testimony taken shall be prepared and transmitted to the
               court as an exhibit to the official record.
               
            </p>
            		
            <p class="incr0">
               (h)
               
            </p>
            		
            <p class="content1">
               <span class="ital">[Remission consideration.]</span> The executive director may consider petitions for remission of civil penalties assessed
               pursuant to this article. A petition for remission shall be in writing and shall be
               signed by the persons against whom the civil penalty was assessed. The petition shall
               include: a waiver of any and all rights of the petitioner to an adjudicatory hearing
               and judicial review of the assessment; and a stipulation that the facts are correct
               as set forth in the document(s) assessing the civil penalty. The decision of the executive
               director on the petition shall be final and shall not be subject to further administrative
               or judicial review. In determining whether a petition for remission will be approved,
               the executive director shall consider recommendations and the following factors:
               
            </p>
            		
            <p class="incr1">
               (1)
               
            </p>
            		
            <p class="content2">
               Whether one or more of the factors concerning the assessment of a civil penalty in
               section 78-68.2(c) were wrongly applied to the detriment of the petitioner;
               
            </p>
            		
            <p class="incr1">
               (2)
               
            </p>
            		
            <p class="content2">
               Whether the petitioner promptly abated continuing environmental damage resulting from
               the violation giving rise to the assessment;
               
            </p>
            		
            <p class="incr1">
               (3)
               
            </p>
            		
            <p class="content2">
               Whether the violation giving rise to the assessment was inadvertent or the result
               of an accident;
               
            </p>
            		
            <p class="incr1">
               (4)
               
            </p>
            		
            <p class="content2">
               Whether the petitioner has been assessed civil penalties for any prior violations
               pursuant to this article or by any state or federal authority enforcing substantially
               similar provisions;
               
            </p>
            		
            <p class="incr1">
               (5)
               
            </p>
            		
            <p class="content2">
               Whether payment of the civil penalty by the petitioner will prevent payment for any
               remaining, necessary remedial action.
               
            </p>
            		
            <p class="incr0">
               (i)
               
            </p>
            		
            <p class="content1">
               <span class="ital">[Submittal of additional information and records.]</span> After submitting a petition for remission, the petitioner shall provide such additional
               information and records as may be reasonably necessary or convenient to the executive
               director's consideration of the petition. The executive director may remit the entire
               amount of a civil penalty only when the petitioner has not been assessed civil penalties
               for any prior violation of this article or by state or federal authority enforcing
               substantially similar provisions and the payment of the civil penalty will prevent
               payment of any remaining, necessary remedial action.
               
            </p>
            		
            <p class="historynote0">
               (Ord. No. 2013-19, Â§ 10, 8-19-13)
               
            </p></div>