CHAPTER 26

ENVIRONMENTAL PROTECTION BOARD

26.01    CREATION; COMPOSITION. There is created an Environmental Protection Board consisting of five (5) members who are residents of the City, generally knowledgeable about environmental concerns but not employed by an industrial user regulated by permit by the City’s Industrial Pretreatment Program. Members are appointed by the Mayor with the approval of the Council.

26.02    TERMS; OFFICERS. The members of the Board are appointed for staggered three-year terms, with two members appointed each year except every third year one member is appointed. The Board shall annually elect one of its number to serve as Chairperson and one as Secretary and may adopt such procedural rules as it deems necessary to carry out its business and which are consistent with Federal, State and local laws.

26.03    MEETINGS; HEARINGS. The Board shall meet at least annually for the election of officers and adoption of procedural rules and at such other times as necessary to hear appeals and other matters within its jurisdiction. All meetings and hearings before the Board shall be open to the public and notices of hearings shall be published not less than four (4) days or more than twenty (20) days before the hearing in a newspaper of general circulation in the City. The Board, however, in accordance with State law, may go into closed session to review confidential records.

26.04    POWERS AND DUTIES. The Board shall hear and decide all appeals and show cause hearings under Chapter 97 of this Code of Ordinances, specifically:

1. Appeals from the orders of the Administrator or other authorized City representative;

2. Appeals from denial of permits, including wastewater discharge permits;

3. Appeals regarding the conditions and limitations set in a wastewater discharge permit;

4. Show cause hearings regarding the revocation or suspension of a permit;

5. Show cause hearings regarding proposed enforcement actions.

26.05    BOARD LIMITATIONS. The Board may not grant any variance or exemption from the provisions of Chapter 97 of this Code of Ordinances except as specifically allowed. Additionally, the Board shall have no authority to overturn the order of the Council to make or disallow connections to the POTW under Sections 95.08 and 96.06(4) of this Code of Ordinances.

26.06    BOARD CONSIDERATIONS.

1. In all matters before the Board, the Board shall determine that its actions:

1. Comply with the requirements as well as the intent of all laws, regulations and ordinances, including the Pretreatment Program adopted by the City;

2. Are consistent with the safe, effective and efficient operation of the POTW.

2. In specifically considering the conditions and limitations of wastewater discharge permits, the Board shall determine that its actions:

1. Do not adversely affect the legitimate needs of other industrial users or the residents of the City;

2. Reserve as much capacity as possible for the POTW to handle additional pollutants for future long-range industrial and other expansion and growth in the community;

3. Promote the use of available technology of pretreatment pollutant removal equipment and processes that can be installed by the user;

4. Prevent the contamination of POTW sludge which would interfere with the sludge disposal methods the City determines to use;

5. Prevent the pass-through of the POTW of untreated pollutants which could violate applicable water quality standards;

6. Fully take into account other criteria set forth in Chapter 97 of this Code or Ordinances;

7. Promote the environmental protection of public waters.

26.07    TIME LIMITS; CERTIORARI. All appeals to the Board shall be filed within thirty (30) days of the action complained of or of the issuance, modification or denial of a permit. Any party to a proceeding before the Board, including the City acting through its representatives, may seek judicial review of any final decision of the Board before the Iowa District Court for Des Moines County by filing a petition for writ of certiorari within thirty (30) days of such final decision in accordance with the Iowa Rules of Civil Procedure.