NAC445A.323. Administration of controls by municipality: Appeal by person charged with violation.

     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,

Ê 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.

     [Environmental Comm’n, Diffuse Source Control Reg. §§ 3.6.1-3.6.3, eff. 10-16-80]—(Substituted in revision for NAC 445.217)