28-46.1 Permit appeals process.

(a)    Any permit applicant or permittee (aggrieved party) may petition the Director to reconsider the conditions and limitations of a permit issued or amended under the authority of section 28-46(a) by filing a petition for review with the Director within twenty days of receipt of the permit.

(b)    Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

(c)    In its petition, the aggrieved party must identify the permit provisions objected to, specify in detail the reasons for objection, and present the alternative condition, if any, it seeks to place in the permit.

(d)    The provisions of the permit that are not objected to shall not be stayed pending the appeal.

(e)    If the Director fails to act within thirty days from receipt of the petition, it shall be deemed to be denied. Decisions not to reconsider the issued or amended permit, not to issue a permit, or not to amend a permit shall be considered final administrative actions for purposes of judicial review.

(f)    The aggrieved party seeking judicial review of the final permit decision may file a complaint with the Superior Court for Maricopa County, Arizona.

(Ord. No. G-3662, § 1)