Industrial Wastewater Discharge Permit - Tri-Pac, Inc.

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Tri-Pac Inc. Industrial Wastewater Discharge Permit page 36 of 36 ATTACHMENT 3: Appeals Procedure Any permittee desiring to dispute a fine must file a written request for the Director to reconsider the fine along with full payment of the fine amount within ten (10) days of being notified of the fine. Where a request has merit, the Director may convene a hearing on the matter. In the event the permittee’s appeal is successful, the Director may reconsider to waive or reduce the fine. The Director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine. Any User aggrieved by a final action of the Director requiring a permittee to restrict the volume or point of discharge; requiring a permittee to install a storage or flow-control facility; denying a permit transfer; revoking a permit; or issuing any authorized Administrative Enforcement Remedy, may request reconsideration by the Director within fifteen (15) days of such Director action, and the Director shall have thirty (30) days from receipt of request to make a decision related to reconsideration. An administrative appeal from any terms of an individual wastewater discharge permit shall be made as described in the paragraph above, but the effectiveness of the individual wastewater discharge permit shall not be stayed pending the administrative appeal. Appeals to the Director shall be submitted to: Director of Public Utilities 3113 Riverside Drive South Bend, IN 46628 If the ruling made by the Director is unsatisfactory to the person requesting reconsideration, or if the Director fails to act within thirty (30) days from receipt of the request, the permittee may, within seven (7) days after notification of action, or if the Director fails to act, within thirty-five (35) days of the date of request for Director reconsideration, file a written appeal to the Board of Public Works. The written appeal shall be heard by the Board within thirty (30) days from the date of filing. The Board of Public Works shall make a final ruling on the appeal within thirty (30) days of the close of the meeting. The Director's decision, action, or determination shall remain in effect during such period of reconsideration and appeal. Appeals to the Board of Public Works shall be submitted to: Board of Public Works 1316 County City Building 227 W. Jefferson Blvd South Bend, IN 46601 All appeals shall carbon copy (cc) the City of South Bend’s Pretreatment Coordinator(s). For clarification or additional details about the appeals procedure see the City of South Bend Ordinance Sections 17-10 & 17-11.