1. If any person
who is alleged to be responsible for a diffuse source contributing to a
violation of standards for water quality is aggrieved by:
(a) The determination of the existence of or
responsibility for the diffuse source;
(b) The refusal of the municipality to
approve his or her plan of best practices; or
(c) The selection by the municipality of such
practices or the time by which the person shall commence them,
he or she may appeal to the governing body of the
municipality for a hearing. The appeal must be in writing no later than 30 days
after the date of his or her receipt of a notice of responsibility under
subsection 1 of NAC 445A.320 if the appeal concerns the existence of or
responsibility for the diffuse source, the notice of selection of best
practices under subsection 1 or the refusal of his or her plan or selection of
a plan by the municipality.
2. If the person is aggrieved by the
determination of the governing body, he or she may appeal to the Commission for
a hearing on the determination. The appeal must be in writing no later than 30
days after the date on which the person received notice of the determination by
the governing body. The hearing on appeal will be conducted and the matter
decided by the Commission or a panel of the Commission and the decision
constitutes a final administrative decision for the purpose of judicial
review.
3. If such an appeal is
made to the Commission, any requirement by the municipality for action to which
the person appealing is otherwise subject is automatically stayed until the
decision of the Commission or its panel. If such an appeal is made to the
district court, any requirement by the municipality for action by the person is
automatically stayed until the decision of the court.
