[Amended 6-18-2002 by Ord. No. 2002-2; 2-17-2009 by Ord. No. 2009-2; 12-21-2010 by Ord. No.
2010-5]
The standards established by the Valley Forge
Sewer Authority Rules and Regulations Governing the Acceptance of
Industrial Waste, Trucked Industrial Waste, Hauling Tank Waste and
Septage, dated May 31, 2002, and amended by Resolution No. 2 of 2008
of the Board of Directors of the Valley Forge Sewer Authority (VFSA)
and further amended by Resolution No. 1 of 2010, are hereby adopted
as the minimal standards of the Borough, applicable to all users and
use of the Borough’s sewer facilities, and any user or use of
the Borough facilities must comply with all of the VFSA's requirements
with respect to these amended regulations, as well as all other applicable
regulations.
Without limiting any other section hereof, a
person (as defined by the VFSA regulations) violates this article:
A. By discharging sewage or waste into the Borough's
sewage facilities when such discharge is not in compliance with this
article, any applicable industrial permit requirements or National
Categorical Pretreatment Standards, any applicable regulation or any
Borough order; or
B. By otherwise failing or refusing to comply in any
way with the VFSA regulations, including but not limited to achieving
all permits, licenses and approvals and filing all reports, when and
as required.
The Borough Solicitor is authorized to commence
actions against any violator of this article for appropriate legal
and/or equitable relief from the violation. If the Borough is granted
any relief in any such action, the violator shall, in addition to
any fine or penalty, pay all the Borough's costs thereof, including
but not limited to attorney fees.
If any provision, paragraph, word or section
of this article is invalidated by any court of competent jurisdiction,
the remaining provisions, paragraphs, words and sections of this article
shall not be affected and shall continue in full force and effect.
All other ordinances or parts of other ordinances
and provisions of this Code inconsistent or conflicting in any part
with this article are hereby repealed to the extent of such inconsistency
or conflict.
[Added 6-18-2002 by Ord. No. 2002-2]
In the event that the Valley Forge Sewer Authority
further amends its rules and regulations, or otherwise undertakes
regulatory action governing wastewater treatment within the Borough
of Malvern, said proposed regulations must be forwarded to and adopted
by Borough Council prior to becoming effective.