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A. Nothing in this chapter shall be construed to prohibit the use of experimental and/or innovative processes or procedures for waste treatment. The request to operate such device, process or procedure shall be made to and have the prior written approval of the public works director following an evaluation of the public works committee. The public works director and committee shall evaluate such devices, processes and procedures to ensure that they are not in conflict with the health and welfare of the city.

B. Denial of a request to operate such device, process or procedure by the public works director may be appealed in writing to the city manager within thirty (30) calendar days of written notice of the denial. All appeals must include the following information:

1. The name, address, telephone number and fax number (if available) of the interested party filing the appeal;

2. The signature of the person authorized to file the appeal;

3. A detailed statement of the legal or factual grounds for the appeal;

4. Copies of any relevant documents;

5. An appeal fee in the amount listed in the most current city of Bethel schedule of rates. Charges and fees shall be paid to the city and must be received by the deadline for filing the written appeal. This fee shall be refundable if the appellant prevails in the appeal to the city manager.

The city manager shall respond, in writing, within twenty (20) business days from the date the appeal fee is made. If the city manager denies the appeal, the written decision shall state that it is the final agency decision and that within thirty (30) days from the date of the decision an appeal may be made to the Alaska Superior Court, Fourth Judicial District at Bethel, Alaska, pursuant to the Alaska Rules of Appellate Procedure. [Ord. 20-02 § 2, 2020; Ord. 17-23 § 2; prior code § 11.12.180.]