13.12.575 – Wastewater discharge permit appeals

The Director of Public Works shall provide public notice of the issuance of a wastewater discharge permit.  Any person, including the User, may petition the Director of Public Works to reconsider the terms of a wastewater discharge permit within thirty (30) days of notice of its issuance.

  1. In its petition, the appealing party shall 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.
  2. In its petition, the appealing party shall 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. If the Director of Public Works fails to act within thirty (30) days, a request for reconsideration shall be deemed to be 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 for purposes of judicial review.
  5. Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision shall do so by filing a complaint with the Circuit Court for Kane County  within thirty-five (35) days of the date of the final administrative wastewater discharge permit decision.  Such proceeding shall be in accordance with the applicable statutes for judicial review of administrative decisions, or declaratory judgement, whichever applies.