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A. The Director is authorized to propose, in ordinance form, such regulations as he or she deems necessary to carry out the purposes of this Chapter.

B. The authority to propose regulations in ordinance form and to designate facilities provided to the Director in this Chapter shall be exercised consistent with the Comprehensive Solid Waste Management Plan, ordinances and resolutions enacted by the Council, contracts heretofore or hereafter entered into between or among the County, cities, other governmental entities and operators, and applicable local, state and federal law.

C. The Director shall use reasonable methods to inform the public and the operator of the facility and allow opportunity to comment upon proposed decisions to designate facilities. The Director shall publish notices of proposed decisions to designate facilities in a newspaper of general circulation in the County, city, or general area where the facility is located, at least once a week for two consecutive weeks. The notices shall include the information described in 8.30.020 D. and a statement that the public is invited to comment on the proposed decision for a period of 30 days following the date of the last publication of notice and that the Director's proposed decision shall become final upon the expiration of the 30 day comment period unless modified by the Director within such comment period. If, for any reason, the Director modifies the proposed decision to designate during the comment period, notice of the modified decision shall be published in the same manner described in this Section and shall allow a 30 day comment period from the date of the last publication of notice of the modified decision. Upon expiration of the 30 day comment period, the Director shall file a record of the final decision to designate facilities and proof of publication of notice with the County Auditor and with the Director of the Tacoma-Pierce County Health Department.

D. Any person who made a written request for designation of a solid waste handling facility and who was denied designation by a final decision of the Director made under 8.30.040 C. and who feels aggrieved by the Director's final decision may appeal that final decision as provided in this subparagraph.

1. Any appeal under this subparagraph shall be commenced by service of notice upon the Director within 15 days of the filing of the final decision. The notice must be a written, signed and notarized notice of appeal which sets forth the relevant facts. An appeal fee in the amount of $500.00 must be paid to the County at the time of service of a notice of appeal.

2. Any appeal under this subparagraph shall be heard by the Pierce County Hearing Examiner. The Examiner shall convene a hearing on the appeal at a time to be fixed at the Examiner's discretion, but no later than 60 days after service of the notice of appeal. The Director, or the Director's designee, shall receive documents from the appellant and shall prepare a report of the Director's final decision under appeal, shall prepare such additional materials as are relevant, and shall provide these materials to the Examiner five days prior to the hearing date.

3. The Examiner's written decision shall be final and conclusive unless an aggrieved party files an appropriate action in Superior Court and serves all necessary parties within 30 days of the Examiner's final decision. The Examiner's decision shall not be subject to reconsideration or to appeal to the County Council.

(Ord. 90-4 § 1 (part), 1990)