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AG 2013 08 19
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AG 2013 08 19
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Last modified
12/4/2013 4:47:42 PM
Creation date
11/27/2017 10:59:19 AM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
8/19/2013
Board
Board of Commissioners
Meeting Type
Regular
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hearing which was recorded. Said request shall be made at or before the time that the petition is <br />filed. A copy of the petition shall be served on WSACC in the manner required by law. Within <br />thirty (30) days after service of a copy of the petition upon WSACC or such other time as may be <br />ordered by the Court, WSACC shall prepare and transmit to the Court the original or a certified <br />copy of the official record of the hearing as hereinafter set forth. The official record of the hearing <br />shall consist of <br />(al) all notices, motions and other similar documents; <br />(b2) all documentary and tangible evidence tendered at the hearing; and <br />(e3) the final order or decision. A transcript of each part of the hearing that was recorded shall <br />be included in the official record as an exhibit, if available at the time the remaining <br />portion of the official record is transmitted to the Court. If the transcript is not available at <br />that time, it shall be transmitted to the Court as soon as reasonably possible after the <br />transcript has been prepared. If testimony is taken and not recorded, a narrative summary <br />of any testimony taken shall be prepared and transmitted to the court as an exhibit to the <br />official record. <br />(8h) The Executive Director may consider petitions for remission of civil penalties assessed pursuant to <br />this ordinance. A petition for remission shall be in writing and shall be signed by the persons <br />against whom the civil penalty was assessed. The petition shall include: a waiver of any and all <br />rights of the petitioner to an adjudicatory hearing and judicial review of the assessment; and a <br />stipulation that the facts are correct as set forth in the document(s) assessing the civil penalty. The <br />decision of the Executive Director on the petition shall be final and shall not be subject to further <br />administrative or judicial review. In determining whether a petition for remission will be approved, <br />the Executive Director shall consider recommendations and the following factors: <br />(al) whether one or more of the factors concerning the assessment of a civil penalty in Section <br />8.2 (c) were wrongly applied to the detriment of the petitioner; <br />(132) whether the petitioner promptly abated continuing environmental damage resulting from <br />the violation giving rise to the assessment; <br />(0) whether the violation giving rise to the assessment was inadvertent or the result of an <br />accident; <br />(d4) whether the petitioner has been assessed civil penalties for any prior violations pursuant <br />to this ordinance or by any State or Federal authority enforcing substantially similar <br />provisions; <br />(e5) whether payment of the civil penalty by the petitioner will prevent payment for any <br />remaining, necessary remedial action. <br />(90 After submitting a petition for remission, the petitioner shall provide such additional information <br />and records as may be reasonably necessary or convenient to the Executive Director's <br />consideration of the petition. The Executive Director may remit the entire amount of a civil penalty <br />only when the petitioner has not been assessed civil penalties for any prior violation of this Article <br />or by State or Federal authority enforcing substantially similar provisions and the payment of the <br />civil penalty will prevent payment of any remaining, necessary remedial action. <br />54 <br />Attachment number 8 <br />H -3 Page 309 <br />
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