NAC445A.491. Variances and exemptions: Appeals.

     1. Any supplier of water who feels aggrieved by the action of the Division or the appropriate district board of health in approving or approving with modifications any schedule for compliance or effectuation submitted pursuant to a variance or an exemption may appeal the action to the Commission or the appropriate district board of health by filing a written notice of appeal within 30 days of the written decision on the schedule.

     2. Users of the public water system who feel themselves aggrieved by the action of the Division or the appropriate district board of health may appeal in the same manner as the public water system. Such an appeal must be supported by a minimum of 10 percent of the users of the public water system for public water systems serving a population of less than 5,000 and by a minimum of 5 percent for public water systems serving a population of 5,000 or greater.

     3. The Commission or the appropriate district board of health will consider all such appeals at regularly scheduled public hearings, after receipt of the record on appeal.

     4. Evidence presented to the Commission on appeal is limited to that introduced before the Division or the appropriate district board of health.

     5. At the conclusion of the hearing, the matter stands submitted and the Commission or the appropriate district board of health will enter a written decision, including findings of fact, within 14 days of the hearing date.

     [Bd. of Health, Water Quality Standards Art. 7 §§ 7.8-7.9.2, eff. 12-14-77]—(NAC A by Environmental Comm’n by R126-05, 10-31-2005)