§ 24-34. Revocation.  


Latest version.
  • (a)

    If the director of permit and resource management department determines that a nonstandard system or monitored system for which a permit has been granted may have an adverse effect upon the ground or surface waters, or upon the public health, or may have a significant effect upon the environment, the permit shall be subject to a revocation fact-finding hearing. Notice of the time and place of the revocation fact-finding hearing shall be mailed to the permittee (i.e., the permit holder-of-record) setting forth the perceived public health hazard/environmental problem, possible causes, and possible county action in the absence of rectifying the health hazard/environmental problem. The hearing shall be conducted no later than two (2) weeks after the mailing of a notice of possible revocation of operational permit for nonstandard/monitored wastewater disposal system. The notice shall provide the permittee an opportunity to attend a fact-finding hearing and indicate that failure to attend the hearing may be presumed to be an admission that the conditions believed to exist are true and correct as stated. The hearing shall be held no later than thirty (30) days from the date the notice is mailed. The permittee may request that the hearing be held at an earlier time than scheduled, as may be reasonable and convenient to the public director of permit and resource management department or his representative. Upon the dispatch of written findings that the nonstandard or monitored system poses a threat to public health and/or safety, and notice of revocation, the continued use of said system shall be unlawful and subject to abatement.

    (b)

    Upon a reasonable suspicion by the director of permit and resource management department that the conditions in or around a nonstandard or monitored wastewater disposal system may pose a serious and imminent threat to public health and safety, a temporary suspension of the operational permit may be ordered. Such summary revocation shall be followed within three (3) days by written notice of the action mailed to the permittee, setting a time for a written response within ten (10) days of the date of mailing. This temporary suspension is in addition to the procedures set forth in subsection (a) and shall only be in effect until such time as the fact-finding hearing described above in subsection (a) is scheduled. At that time, the director of permit and resource management department shall determine whether there is good cause to revoke the operational permit. Failure to permit further inquiry into the condition of the nonstandard or monitored system, including access to the system site, shall be sufficient good cause to permit revocation of the operational permit.

    (c)

    A revoked permit may be reinstated if the director of permit and resource management department determines that a plan has been established for adequate repair, alteration and/or maintenance of the system, and all costs of enforcement, including attorney fees, violation reinspection fees and any of the costs described in Section 24-35 have been paid.

(Ord. No. 4906 § 5 (A) (part), 1995; Ord. No. 4330 § 3, 1991: Ord. No. 3293 § 3.)