(A) Purpose. An Appeals and Overseer Board ("the Board"), composed or representatives of industry, regulatoryagencies and the general public appointed by the Mayor of Louisville Metro, shall be established to insure that an appeal is available to those parties aggrieved by an action of the administering agency regarding the adequacy of a HMPC Plan; to those parties fined or penalized pursuant to this ordinance; and to coordinate and integrate the policies and procedures of the regulating agencies and parties related to the HMPC Plan. Any recommendation of the Appeals and Overseer Board shall be advisory only and shall not be binding in any manner whatsoever upon the board of the administering agency.
(B) Appeal. The Board, in hearing an appeal, shall recommend to the administering agency that the agency's action be modified, upheld, or dismissed or that a fine or penalty levied upon a party for violation of any provision of this chapter be set aside, modified or left intact. The Board, upon an HMPC Plan appeal, may recommend to the administering agency exemptions or modifications in the content of the HMPC Plan and requirements for reporting hazardous materials releases, provided that such exemption or modification is based on the preventive physical aspects of the facility, including containment structures and automatic monitors, and the recognized and documented good performance of the industry in handling hazardous materials.
(C) Composition. The Board shall be composed of representatives of industry, regulatory agencies and the general public not to exceed nine members. The Mayor shall appoint nine members, four of whom shall be representatives of regulated industry appointed from a list of at least ten names submitted by Greater Louisville, Inc.; three of whom shall be representatives of regulatory agencies; and two of whom shall be representative of the general public. A simple majority of the Board shall constitute a quorum. The Board shall function according to by-laws developed by the Board.
