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1. Any party, including the City, the Washington State Department of Ecology, the <br /> United States Environmental Protection Agency, or the user/appellant, is entitled <br /> to review of the final determination of the hearing examiner in the Snohomish <br /> County Superior Court. Provided, that any petition for review shall be filed no <br /> later than thirty(30) calendar days after date of the final determination. <br /> 2. Copies of the petition for review shall be served as in all civil actions. <br /> 3. The filing of the petition shall not stay enforcement of the final determination <br /> except by order of the superior court and on posting of a bond to be determined <br /> by the court naming the City as beneficiary. <br /> 4. The review shall be conducted by the court without a jury. The record shall be <br /> satisfied by a narrative report certified by the hearing examiner and no verbatim <br /> record of proceedings before the hearing examiner shall be required to be <br /> presented to the superior court. <br /> 5. The court may affirm the final determination or remand the matter for further <br /> proceedings before the hearing examiner; or the court may reverse the final <br /> determination if the substantial rights of the petitioners may have been prejudiced <br /> because the final determination was: <br /> i. In violation of constitutional provisions; or <br /> ii. In excess of the authority or jurisdiction of the hearing examiner; or <br /> iii. Arbitrary and capricious. <br /> 54 <br />