§ 29-23. Disposition of appeal.

(a)

After hearing the appeal, the hearing officer may:

(1)

Refer the matter back to the CUPA for a new investigation and decision;

(2)

May affirm or modify the decision of the CUPA; or

(3)

May direct the CUPA to issue a permit which may or may not contain conditions which must be met in order to obtain or maintain the permit. If the matter is referred back to the CUPA, the CUPA must respond within the time specified by the hearing officer in its referral.

(b)

If the hearing officer, after the hearing, finds that cause exists for regulatory action, the hearing officer may impose one (1) or more of the following:

(1)

A warning;

(2)

An order to correct the particular noncompliance specified in the notice issued pursuant to Section 29-15;

(3)

A revocation of the permit for the facility;

(4)

Suspension of the permit for the facility for a specified period not to exceed six (6) months;

(5)

Modification or addition of conditions to the permit; or

(6)

Revocation of the permit with no reapplication permitted for a specified period not to exceed three (3) years. If the grounds for regulatory action are based on Section 29-19(b)(3), (4), or (5), and if such grounds are limited to one (1) portion of the storage facility, the regulatory action shall be limited to that portion.

(Ord. No. 6050, § I, 11-5-2013)