§ 28-272. Appeals.

(a)

Any determination made pursuant to this article may be appealed by a substantially affected person at a hearing before the board of county commissioners. Appeals to the board of county commissioners shall be filed within thirty (30) days after receipt of written notice or publication of notice in a newspaper of general circulation, whichever occurs first, of the determination that is being appealed by filing written notice with the county administrator. Hearings before the board of county commissioners shall be de novo. Upon a hearing any party may appear in person, by agent or by attorney.

Required notice for appeals:

(1)

The county administrator shall publish, or cause to be published, a notice of the time, place and purpose of the hearing in a newspaper of general circulation in the county at least ten (10) days prior to the hearing.

(2)

The county administrator shall mail, or cause to be mailed, notices setting forth the time, place and purpose of the hearing. When a specific parcel is involved, these notices shall be mailed to the property owner, the owner/operator of the affected well(s) and all property owners within five hundred (500) feet of the WHPA boundary in question.

Notice shall be mailed to the owner's current address of record maintained by the assessor of taxes of the board of county commissioners and shall be postmarked no later than ten (10) days prior to the scheduled hearing date. An affidavit or mailing certification verifying compliance with the notice requirement of this section, along with a list of the persons and addresses to which notices were mailed, shall be kept on file and made available at the time of the hearing.

(3)

The applicant shall post the property with signs furnished by the county noticing the public hearing.

(4)

The applicant shall pay all costs and expenses in connection with public notice of such hearing and related notices in addition to any other fee required for administration.

(b)

In any appeal, the facility subject to the provisions of this article may request in writing a determination from the county that any requirement of this article should not apply to such a facility and shall request approval of alternate procedures.

(1)

The request shall set forth at a minimum the following information:

a.

The facility for which an exemption is sought;

b.

The specific provision of this article from which relief is sought;

c.

The basis for the relief;

d.

the alternate procedure or requirement for which approval is sought and a demonstration that the alternate procedure or requirement provides a substantially equivalent degree of protection for the groundwaters of the county as the established requirement; and

e.

The alternate procedure or requirement is at least as effective as the established procedure or requirement in this article.

(2)

The county commission shall approve or deny alternate procedures using the criteria in subsection (b)(1) above and shall provide written notice of such action.

(Ord. No. 94-8, § 12, 6-27-94)