A. 
Any industrial user discharging into the sewer system an industrial waste having any one or more of the following characteristics shall obtain approval from the Township in the form of an industrial waste discharge permit:
(1) 
BOD5 greater than 230 mg/l.
(2) 
A total suspended solids content great than 210 mg/l.
(3) 
A dissolved solids content greater than 540 mg/l.
(4) 
Total phosphorus greater than 10 ppm.
(5) 
Total ammonia nitrogen greater than 25 ppm.
(6) 
A COD greater than 600 mg/l.
(7) 
A chlorine demand greater than 12 mg/l.
(8) 
An average daily flow greater than 5% of the average daily sewage flow of the sewer system.
(9) 
Any quantity of substances possessing characteristics described in Article XXI of this Part 4.
(10) 
Having been discharged by an industrial user from an industrial establishment as this term is defined in § 355-112 of this Part 4.
(11) 
Being classified as a significant industrial user as defined in § 355-112 of this Part 4.
B. 
Industrial users existing at the time this part is enacted will be screened by the Township on the basis of information then available. The Township will notify in writing existing industrial users within 30 days of the enactment of this part if a new permit is required. Existing industrial users shall apply for a permit if so notified within 30 days of the notifications.
C. 
New industrial users may not discharge to the sewer system without first obtaining an industrial waste discharge permit. New industrial users shall apply for a permit at least 60 days prior to discharging to the sewer system.
A. 
All applications for permits shall be made on industrial waste permit application forms furnished by the Township. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(1) 
Name, address and location.
(2) 
SIC number according to the Standard Industrial Classification Manual.
(3) 
Wastewater constituents and characteristics including, but not limited to, those mentioned in this part as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act[1] and contained in 40 CFR, Part 136, as amended.
[1]
Editor's Note: See 33 U.S.C. § 1314(g).
(4) 
Time and duration of contribution.
(5) 
Average daily and 30 minute peak wastewater flow rates, including daily, monthly and seasonal variation, if any.
(6) 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by size, location and elevation.
(7) 
Description of activities, facilities and plant processes on the premises including all materials which will or could be discharged.
(8) 
Where known, the nature and concentration of any pollutants in the discharge which are limited by any Township, Commonwealth or Federal pretreatment standards, and a statement, which has been reviewed by an authorized representative and certified by a professional, regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards.
(9) 
If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment shall be used. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this compliance schedule:
(a) 
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
(b) 
No increment shall exceed nine months.
(c) 
Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Township including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Township.
(d) 
The compliance schedule shall not be a waiver of the user's noncompliance nor shall it protect the user from enforcement action.
(10) 
Each product produced by type, amount, process or processes and rate of production.
(11) 
Type and amount of raw materials processed (average and maximum per day).
(12) 
Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system.
(13) 
Any and all other information as may be deemed by the Township to be necessary to evaluate the permit application.
B. 
The Township will evaluate the data furnished by the user and may require additional information. Failure to comply with any of the Township-approved time restraints herein-contained shall be considered a violation of this part. The industrial waste permit application form shall be competently completed and returned to the Township for review and approval, which approval shall be granted or denied at the Township's sole discretion. Only upon approval of the Township will an industrial waste permit be issued and the discharge to the sewer system allowed. No industrial user requiring an industrial waste permit may discharge wastewater to the sewer system without a valid industrial waste permit.
Where necessary, in the opinion of the Township, the property owner shall provide, at his expense, a survey analysis and report by a registered professional engineer acceptable to the Township.
Upon review and approval of the industrial waste permit application, the Township will issue to the applicant an industrial waste permit should the applicant's waste be suitable for treatment in the sole judgment of the Township. Said permit is not transferable without the prior written consent of the Township, which consent shall be granted or denied at the sole discretion of the Township.
Industrial waste discharge permit shall be expressly subject to all provisions of this part and all other applicable regulations, user charges and fees established by the Township. Permits may contain, but are not limited to, the following:
A. 
Limits on the average and maximum wastewater constituents and characteristics.
B. 
Limits on the average and maximum rate and time of discharge or requirements for flow regulations and equalization.
C. 
Requirements for installation and maintenance of inspection and sampling facilities.
D. 
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedules.
E. 
Compliance schedules.
F. 
Requirements for submission of technical reports or discharge reports.
G. 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Township, and affording the Township access thereto.
H. 
Requirements for notification of the Township of any new introduction of wastewater constituents of any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.
I. 
Requirements for notification of slug discharges and preparation and implementation of slug control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or nonroutine discharges.
J. 
A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, Commonwealth or local law.
K. 
Other conditions as deemed appropriate by the Township to ensure compliance with this part.
Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 60 days prior to the expiration of the user's existing permit.
The terms and conditions of the permit may be subject to modification by the Township during the term of the permit as limitations or requirements are modified or other just causes exist. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Modifications to the permit may include, but not limited to, the following:
A. 
To incorporate any new or revised Federal, Commonwealth, local or agency pretreatment standards or requirements.
B. 
To address significant alterations or additions to the user's operation, processes or wastewater volume or character since the time the permit was issued.
C. 
A change in the treating POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.
D. 
Information indicating that the permitted discharge poses a threat to the treating POTW, Township, Township personnel or the receiving waters.
E. 
Violation of any terms or conditions of the permit.
F. 
Misrepresentations or failure to fully disclose all relevant facts in the permit application or in any required reporting.
G. 
Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13.
H. 
To correct typographical or other errors in the permit.
I. 
To reflect a transfer of ownership or operator.
Industrial waste discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the Township. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
Any person, including the user, may petition the Township to reconsider the terms of the approval or denial of a wastewater discharge permit within 30 days of notice of its issuance.
A. 
Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
B. 
In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
C. 
The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
D. 
If the Township fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit or not to modify a wastewater discharge permit shall be considered final administrative actions for the purposes of judicial review.
Parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Court of Common Pleas, County of Berks, Commonwealth of Pennsylvania.