Any interested person may petition the Board for a declaratory ruling relating to any rule, regulation, order, policy or interpretation used by the Board in the discharge of its functions under this Part
2. A petition to the Board for a declaratory ruling shall be in writing and shall be in such form as the Board prescribes. No later than thirty (30) days after its receipt of a petition, the Board shall state its opinion of the petitioner's position and the policy to be followed by the Board. This statement shall constitute a declaratory ruling which shall be served by mail on the petitioner. When the Board deems appropriate, it may schedule an adjudicatory hearing to be held in accordance with the procedures set forth in §
222-15 above, prior to its issuing a declaratory ruling.
Any final order issued by the Joint Sewage Board (including civil penalties assessed pursuant to §
222-54 of this Part
2), shall be reviewable in a proceeding pursuant to Article 78 of the Civil Practice Law and Rules. Application for such review must be within thirty (30) days after service, in person or by mail, of a copy of the determination or order upon the attorney of record for the applicant and for each person who has filed a notice of appearance or the applicant in person if such applicant is not represented by an attorney.
The Joint Sewage Board prior to the adoption,
amendment or repeal of any rule or regulation shall:
A. Publish notice at least ten (10) days prior to the
intended action. Notice shall include a statement of either the terms
or substance of the intended action or a description of subjects and
issues involved, the time and place of the hearing and the manner
in which interested persons may present their views.
B. Afford all interested parties reasonable opportunity
to submit data, views or arguments, orally or in writing. Reasons
for adoption and refusal of proposed rule as well as the decision
of the Joint Sewage Board shall be recorded and available for public
inspection.
C. File a certified copy of each rule and regulation
with the Clerk of the Common Council of Binghamton and the Clerk of
the Village Board of Johnson City. The Clerk shall keep a permanent
file which may be inspected upon request.
The Board shall compile, index and make available
for public inspection all rules and regulations, declaratory rulings
and decisions on appeal promulgated by the Board. The compilation
shall be supplemented as frequently as the Board deems appropriate.