1. An industrial user or other aggrieved party may appeal to the Hearing Officer, who may be an employee of the Township or the City of Allentown, on the issues of: (i) exclusion from operation of this ICRS by reason of contract and/or (ii) on the issue of the amount of the ICR assessment with particular regard to flow, 5 day bio-chemical oxygen demand, and the concentrations of suspended solids and total Kjeldahl nitrogen.
2. Any existing industrial user may apply within 1 year of the effective date of this ICRS for exclusion from participation in the ICRS on the basis provided above. New industrial users (those who connect to the Township service system after the effective date of this ICRS) shall have 1 year from the date of their initial connection in which to apply for exclusion. An application for exclusion shall include a schematic diagram of the user's production process, waste pretreatment and conveyance systems, and a series of waste strength tests in conformance with Township accepted procedures and guidelines which shall be available on request, all such diagrams shall be certified as accurate by an engineer licensed in this Commonwealth. All such test results shall be certified as having been performed in accordance with Township accepted procedures and their accuracy shall be certified by a qualified chemist or laboratory located within the Commonwealth of Pennsylvania.
3. Within 30 days after the mailing date of each industrial cost recovery bill, an industrial user who is included within this ICRS may file an application for exclusion or an application for redetermination of assessment with the Hearing Officer, but only in the event of a substantial change in quality or quantity of effluent discharge by such user arising subsequent to the last redetermination. Such changes shall be certified by a qualified chemist or laboratory as having occurred and such a chemist or laboratory shall also certify that test indicating the substantial changes aforesaid were conducted in accordance with Township accepted procedures.
4. All applications shall set forth the industrial user's name, address and its Township account number along with a brief statement of the reasons it is petitioning and the factual basis for the application. Applications shall set forth the names of the officers, attorneys, employees and witnesses who will be appearing before the Hearing Officer. Applications shall be filed with 3 copies and sent by registered mall to the Hearing Officer at the place for which payment of charges is specified in the industrial cost recovery bill from which the appeal is taken.
5. The Hearing Officer shall notify the applicant by mail of the time and place for hearing, such notice to be given within 30 days after receipt of any application. The hearing shall be conducted on the application not less than 10 days after mailing of such notice. The hearing shall be held as an informal consultation and conference at which time the applicant, in person or by counsel, shall present his argument, evidence, data and proof in connection with the issues submitted representative from the Township may then present its factual basis for the exclusion of assessment under consideration. The Hearing Officer shall not be bound by the usual rules of evidence but may conduct the hearing in such a manner as in his judgment will expeditiously and accurately determine the substantial rights of the industrial user and the Township. All hearings may be stenographically or electronically recorded. The Hearing Officer shall make findings of fact and recommendations which shall be submitted to the Township Manager for his decision, the results of which shall be made known to the applicant.
6. Rehearings may be allowed by the Township for good cause shown and the procedure for rehearings shall be substantially the same as delineated in § 18-630 (1) through (5), above.
7. No hearing shall be held and no decision shall be rendered by the Township with respect to exclusions sought on the basis of reserved capacity contract executed prior to March 1, 1973. Upon receipt of an application for exclusion from industrial cost recovery on this ground the Township shall forward the request and appropriate documentation to the Regional Administrator of the United States Environmental Protection Agency within 30 days. The Regional Administrator will make his determination and the petitioner will be notified by the Township.
(Ord. 339, 7/3/1996, § 4)