BOH Agenda 022620 - Laserfiche WebLink

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receipt of the notice of appeal.The Board shall give the person not less than 10 days' notice of the date,time and place of the hearing. On appeal,the Board shall have authority to affirm, modify or reverse the challenged action. The Orange County Board of Health shall issue a written decision based on the evidence presented at the hearing.The decision shall contain a concise statement of the reasons for the decision c)A person who wishes to contest a decision of the Orange County Board of Health under subsection (a)of this section shall have a right of appeal to the District Court of Orange County having jurisdiction within 30 days after the date of the decision by the Board.The scope of review in District Court shall be the same as in G.S. 15013-51. Nothing in this Section shall preclude an aggrieved person from seeking remedy prior to an appeal. Aggrieved persons are strongly encouraged to request a supervisory review prior to filing an appeal. When a supervisory review is requested:The aggrieved person shall give written notice of a request for review to the Environmental Health Director within thirty days of the challenged action. The notice shall contain the name and address of the aggrieved person, a description of the challenged action and a statement of the reasons why the challenged action is incorrect. The Environmental Health Director may affirm, modify or reverse the original action. The Environmental Health Director shall issue a written decision based on evidence found during the review. The decision shall contain a concise statement of the reasons for this decision. 6. PENALTIES- Pursuant to North Carolina General Statute 130A-25(a), any person who violates a provision of the Rules adopted by the Orange County Board of Health shall be guilty of a misdemeanor. Pursuant to North Carolina General Statute 130A-18, the Orange County Health Director may institute an action for injunctive relief, irrespective of all other remedies at law, in the superior court of the county where the violation occurred or where a defendant resides. 7.VARIANCEI-The Health Director may grant a variance from any construction 'Comment[VHS]:NEW oCHD SECTION standard in Section 11 of the Orange County Rules,which has been approved by the Orange County Board of Health. A variance from a construction standard set forth in 15A NCAC 02C .0100 may only be obtained from the North Carolina Department of Health and Human Services. Any variance request to the local Rules shall be submitted in writing to the Health Director by the owner of the property or the person responsible for the construction of the well for which the variance is sought. A variance may be granted if the Health Director finds facts to support the following conclusions:that the use of the well will not endanger human health and welfare of the groundwater; and that construction in accordance with these Rules is not technically feasible in such a manner as to afford a reasonable water supply at a reasonable cost. The Health Director shall require the variance applicant to submit such information as he/she deems necessary to make a decision to grant or deny the variance. The Health Director may impose such conditions on a variance or the use of a well for which a variance is granted as the Health Director deems necessary to protect human health and welfare and the groundwater resources.Approval of a variance by the Health Director does not remove the well contractor from liability or requirements of other local,state or federal agencies. When the Department issues a variance, the Health Director may use any 4