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Persons cited under the enforcement provisions of Sections 13.11.500 and 13.11.501 shall be afforded a process for appealing the ruling of the Department. If the appeal pertains to a written warning of violation requesting the PCS to correct an unintentional violation in a reasonable amount of time, the PCS can submit to the Department a written statement demonstrating compliance or explaining a process for coming into compliance. This written response if required no later than thirty (30) days from the date of issuance of the warning.
If the appeal pertains to a cease and desist order issued by the Department, the PCS can submit a written appeal response no later than ten (10) days from the date of issuance of the order. The written appeal shall contain:
(1) Documentation of compliance, or
(2) Response to specific violations cited in the cease and desist order and the remedial actions planned to bring the facility into compliance, and
(3) Schedule for compliance.
Upon receipt of the written appeal, the Department shall be required to review the appeal within ten (10) days of its receipt and respond to the PCS. If the Department determines that the written response from the PCS is adequate and noncompliance issues are addressed, the PCS will be notified by mail and no further action is required. If the Department determines that the appeals response is inadequate, the PCS may request a hearing before the Department. This hearing shall be held within thirty (30) days of receiving the cease and desist order and shall remain in effect until the hearing is conducted.
Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 98-72, Enacted, 11/5/1998