[Adopted 9-20-1994 by Ord. No. 94-4 (Part 11, Ch. 2, Art. B, of the 1975 Code of Ordinances)]
A. 
This article requires all users and use of the Borough's sewer facilities to comply with the regulations (collectively "applicable regulations" or any one individually "applicable regulation") promulgated by the Valley Forge Sewer Authority (VFSA), the United States Environmental Protection Agency (USEPA), which include, without limitation, the pretreatment standards promulgated by the USEPA as set forth in 40 Code of Federal Regulations (CFR) 403 et seq. and the Pennsylvania Department of Environmental Resources (PADER); and
B. 
This article establishes the means of enforcing those regulations.
[Amended 6-18-2002 by Ord. No. 2002-2[1]; 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.
[1]
Editor's Note: Section 2 of this ordinance provided for the deletion of existing Appendix XXII of the 1975 Code of Ordinances and replacement with a copy of 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." Said document has not been codified; it is on file in the office of the Borough Secretary.
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.
A. 
Any person (as defined by VFSA regulations) who violates any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and/or to imprisonment for a term not to exceed 90 days. Every day that any violation of this article continues shall constitute a separate offense.
B. 
Any person (as defined by VFSA regulations) who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or any industrial waste permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall be in violation of this article and may be prosecuted in accordance with the provisions of the Pennsylvania Crimes and Offenses Code, 18 Pa.C.S.A. § 4901 et seq. pertaining to perjury and falsification in official matters.
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.