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August 19, 2013 (Regular Meeting) <br />Page 1710 <br />earliest occurrence of any one of the following <br />circumstances: Such condition is approved or is modified by <br />the Executive Director at an adjudicatory hearing; or the <br />applicant and the Executive Director agree on the <br />conditions of the permit. This subsection shall not be <br />construed to stay any provision of this article or other <br />applicable law. <br />( -&f) <br />(b2) Upon receipt of a demand for a hearing on a permit granted <br />subject to unacceptable conditions, the Executive Director <br />shall identify each provision to which no objection was <br />made and such provisions shall remain in effect; provided <br />that, if the Executive Director determines that it would be <br />unreasonable for a provision to apply when all surrounding <br />circumstances are considered, the Executive Director in his <br />sole discretion may stay such provision until the time set <br />forth in Section 10 (e) (1). <br />(e3) If the unacceptable permit is a renewal of an existing <br />permit, each provision of the applicant's existing permit <br />will remain in effect until the time set forth in Section <br />4.3(f )(5 )a 10 (e) (1) above; provided that such <br />provision from the existing permit does not conflict with <br />any provision of the unacceptable permit which is not <br />stayed. In the event of a conflict, the provision from the <br />unacceptable permit will control. <br />(id4) Any condition of a permit which is unacceptable to an <br />applicant and which is included in a permit pursuant to <br />Section 4.3 (d) shall remain in effect and shall not be <br />stayed by the provisions of Section 4.3(f) (S) (a+ 10 (e) <br />(1) . <br />Stay of assessment; order. <br />(al)(i) Each assessment of a civil penalty which has been <br />included in a demand for a hearing in accordance with the <br />provisions of this section is stayed and shall not take <br />effect until the earliest occurrence of any one of the <br />following circumstances: the assessment of the civil <br />penalty is approved or is modified by the Executive <br />Director at an adjudicatory hearing; or the person who is <br />assessed the civil penalty and the Executive Director agree <br />on the assessment. <br />(iii) If the assessment of a civil penalty against any person is <br />approved or modified by the Executive Director at an <br />adjudicatory hearing, the Executive Director may include <br />the following provisions in any order or decision: <br />(A) said person may be required to pay said penalty <br />within ten (10) days or such additional time as the <br />Executive Director may specify; <br />(B) if said penalty is not paid in a timely manner, the <br />penalty will be delinquent and water and /or sewer <br />service may be terminated to said person without <br />further notice. If water and /or sewer service is <br />terminated pursuant to a decision authorized by this <br />subsection, the application charges and fees as set <br />forth in Section 3 must be paid before .service will <br />be restored. <br />(b2) Except as provided in Section 8.1(f) (suspension), each <br />provision of an order which has been included in a demand <br />for a hearing in accordance with the provisions of this <br />section is stayed and shall not take effect until the <br />earliest occurrence of any one of the following <br />circumstances: such provision is approved or is modified by <br />the Executive Director at an adjudicatory hearing; or the <br />person to whom the order is directed and the Executive <br />Director agree on the terms of the order. This subsection <br />shall not be construed to stay any provision of this <br />article or other applicable law. <br />