Spokane Municipal Code

Title 13 Public Utilities and Services

Chapter 13.03A Pretreatment

Article IX. Administrative Enforcement Remedies

Section 13.03A.0904 Administrative Appeals

1. Except where the Plant Manager elects to initiate action to seek immediate judicial relief, any Plant Manager decision, including without limitation permit decisions, assessment of costs, fine or fees, or other administrative decisions may be administratively appealed by an interested party with standing by filing a written appeal in proper form with the City hearing examiner within ten calendar days of the date of determination or in the case of permits, the date of issuance as provided in SMC 13.03A.0306. Copies of the appeal must also be provided within such time to the city attorney and the Plant Manager. If the appealing party is not the permittee, a copy of the appeal must also be provided to the permittee in the same time frame. The date of determination is the date reflected therein or, if mailed, three days from the date of mailing, whichever is later. “Filing” requires actual receipt. As a further condition of appeal, the appealing party must tender, pending the outcome of the appeal, the full amount of any costs, billings, charges, penalties or fees assessed and a fee as specified in SMC 13.03A.1401.

2. To be accepted, in proper form, as timely, appeals must show:

1. 1. the appealing party’s name, telephone number, and business address;

1. 2. proof of service of the appeal on the city attorney and Plant Manager;

1. 3. a copy of the decision being appealed;

1. 4. a receipt or other proof from the City showing payment of any amounts as required, subject to reimbursement if the payments are involved in the appeal and the appeal is upheld;

1. 5. the basis of the appeal and reasons why it should be granted, together with supporting information as well as the names and contact information of persons with knowledge supporting the appeal;

1. 6. the best way to contact the appealing party, which must include telephone and mail address, and email if available;

1. 7. the appeal must be signed, verified under oath and dated by an authorized representative of the appealing party per SMC 13.03A.0305(B).

3. The hearing examiner may require any party to the appeal to testify under oath and upon personal knowledge and to produce documents or records deemed relevant or necessary. The examiner shall conduct the hearing within thirty days of the appeal being filed and decide the issue within thirty days of the hearing.

4. At the hearing, the burden of proof is on the initially appealing party, based upon substantial evidence. The examiner may affirm, reverse or modify a Plant Manager’s decision if the examiner determines it violates this chapter or is arbitrary and capricious. The decision of the hearing examiner is final, subject to review by either party under the provisions of RCW 7.16.040, so long as the examiner decision appealing party files and serves upon all necessary parties its petition for granting a writ of review within twenty days of the date of issuance of the examiner’s decision. The appealing party is responsible to order the record from the hearing examiner and make payment arrangements. The appeal is limited to the record. The hearing examiner preserves a record of the hearing in such form and manner as the examiner deems proper for at least two years.

5. Filing of an appeal does not stay the effectiveness of the Plant Manager’s decision unless agreed by the Plant Manager, and subject to such additional conditions as the Plant Manager may require.

NOTE: Bracketed enumerations reference the numbering in the EPA Region 10 Model Ordinance of March 27, 2012.

Date Passed: Monday, November 9, 2020

Effective Date: Wednesday, December 16, 2020

ORD C35961 Section 61