§ 67.1-5-3. Wastewater Discharge Permit Appeals.

(a)

Any person aggrieved, including the Industrial User, may file a written petition with the Director to reconsider and change a decision, regarding the issuance of a permit or its terms, within 30 days of the date of the notice that the Permit is denied or awarded. Such an appeal is deemed timely filed if received at the office of the Director within 30 days of the date of such notice or, if mailed, if properly addressed to the Director and postmarked within 30 days of the date of such notice, provided that such appeal, if mailed, is actually received by the Director within 45 days of the date of such notice.

(b)

Failure to submit a timely petition shall be deemed to be a waiver of the right to appeal.

(c)

In its petition, the appealing party must indicate the permit provisions objected to, the reasons for any objection, and the alternative condition, if any, it seeks to have included in the permit.

(d)

The decision appealed is not stayed pending the outcome of the appeal.

(e)

If the Director fails to act on the appeal within 30 days, the petition to reconsider shall be deemed to be denied. Decisions not to reconsider a permit, not to issue a permit or not to modify a permit shall be considered final administrative action for the purposes of judicial review.

(f)

If the ruling made by the Director is unsatisfactory to the person requesting reconsideration, he may, within ten days after notification of the County action, file a written appeal to the Fairfax County Board of Supervisors. Failure of the Board to rule on such appeal within 60 days from the date of filing shall be deemed to be a denial of the appeal. The Director's decision, action or determination shall remain in effect during such period of reconsideration. (44-09-67.1.)