§ 15.60.350. Wastewater hearing authority.

A.

There is established an authority of five members to be known as the wastewater hearing authority.

B.

Composition and length of term. The hearing authority shall be composed of the following, to be appointed by the metropolitan mayor and confirmed by the metropolitan council, and shall constitute the voting members of the hearing authority:

Representative Group	Length of Term (years)
1. Major industry (one)	2
2. Tributary utility districts or city (one, rotating) inside or outside Davidson County	2
3. Private citizenry (one)	2
4. Technical/science or financial (two)	2

 

C.

Provisions.

1.

Members may be removed from the hearing authority by the mayor, with councilmanic approval, for continued absence from meetings, or other just cause.

2.

Members shall comply with Chapter 11, Sections 11.101 through 11.108, inclusive, of the Charter of the metropolitan government.

D.

Powers and duties. In addition to any other duty or responsibility otherwise conferred upon the hearing authority by this title, the hearing authority shall have the duty and power as follows:

1.

To recommend to the metropolitan council that it amend or modify the provisions of this title;

2.

To establish, modify or amend procedural rules governing hearings, orders, issuance of permits, and all other matters not specifically requiring a hearing. Any rules so adopted shall be filed with the metropolitan clerk;

3.

To grant exceptions pursuant to the provisions of Section 15.60.180, and to determine such issues of law and fact as are necessary to perform this duty;

4.

To hold hearings upon appeals from orders or actions of the director as may be provided under any provision of this title;

5.

To hold hearings relating to the suspension, revocation or modification of a wastewater discharge permit as it is provided in this chapter and issue appropriate orders relating thereto;

6.

To hold such other hearings relating to any aspect or matter in the administration of this title and to make such determinations and issue such orders as may be necessary to effectuate the purposes of this title;

7.

To request assistance from any officer, agent or employee of the metropolitan government to obtain such information or other assistance as the hearing authority might need;

8.

The hearing authority, acting through its chairman, shall have the power to issue subpoenas requiring attendance and testimony of witnesses and the production of documentary evidence relevant to any matter properly heard by the hearing authority;

9.

The chairman, vice-chairman or chairman pro tem shall be authorized to administer oaths to those persons giving testimony before the hearing authority;

10.

The hearing authority shall hold quarterly meetings and such special meetings as the board may find necessary;

11.

Three members of the authority shall constitute a quorum but a lesser number may adjourn the meeting from day to day;

12.

In addition to any other power granted to it by this title, the hearing authority is granted the authority to assess a civil penalty in an amount not to exceed the sum of ten thousand dollars per day for each day of violation against any person in violation of this chapter.

a.

The assessment of a civil penalty shall be made by the director against any person determined to be in violation of this chapter. Notice of such assessment shall be provided by certified mail, return receipt requested,

b.

Any person against whom an assessment is made by the director may appeal to the hearing authority by filing a request with the director for review by the hearing authority. Request for review by the hearing authority must be made in writing and filed within thirty days of the receipt of the assessment and shall state with particularity the grounds for the appeal. Any such appeal shall stay the effect of the assessment,

c.

Failure to appeal the assessment within thirty days shall be a waiver of the right to appeal and be deemed as consent to the assessment which shall become final upon approval by the hearing authority,

d.

The assessment of a civil penalty shall be upheld unless the preponderance of the evidence shows that the assessment was unlawfully levied or unreasonably severe,

e.

No assessment of a civil penalty, whether brought to the hearing authority by appeal or for confirmation by the director, shall be final until such assessment is approved by the hearing authority at any regular meeting or duly called special meeting. The hearing authority may alter or modify the terms of any civil penalty but any increase in the amount of civil penalty or which otherwise imposes a greater burden upon the person against whom the penalty is assessed shall not become final until such person receives written notice thereof and is provided the right to petition the hearing authority for modification of such assessment in the same manner as an appeal from assessment of a civil penalty by the director,

f.

The director may enter into consent decrees with any person in violation of this chapter and, after approval by the hearing authority, the same shall have the effect and be enforceable in the same manner as a civil penalty,

g.

In assessing a civil penalty, the director and the hearing authority may consider all factors listed in Tennessee Code Annotated Section 69-3-125 and may include any expenses and actual damages incurred by the metropolitan government in investigating, removing, correcting or cleaning up the violation.

(Ord. BL2010-678 § 2, 2010; Ord. 97-729 § 3 (part), 1997).