[HISTORY: Adopted by the Borough Council of the Borough of Pleasant
Hills 11-15-1993 by Ord. No. 706. Amendments noted where applicable.]
The Borough of Pleasant Hills does hereby prohibit the depositing or
dumping of any hazardous materials or substances upon or into private or public
properties, roads or any other areas within the municipal boundaries of the
Borough of Pleasant Hills.
As used in this chapter, the following terms shall have the meanings
indicated:
Any material or substance which may have a direct or identifiable
effect on persons or property within the municipal boundaries of the Borough
of Pleasant Hills, or any such substances or materials in a quantity or from
which in the determination of the Pleasant Hills Borough Secretary, or his
authorized representative, poses an unreasonable or imminent risk to the life,
health or safety of persons or property, or to the ecological balance of the
environment, and shall include, but not be limited to, such substances as
explosives, radioactive materials, petroleum products or gases, poisons, etiologic
(biologic) agents, flammable, corrosives or materials listed in the Hazardous
Substance list of the Pennsylvania Department of Labor and Industry, the Solid
Waste Management Act, 35 P.S. § 6018.103, and the Worker and Community
Right-to-Know Act, 35 P.S. § 7303.
Includes any individual, firm, corporation, association or partnership
or other legal entity.
[Amended 5-17-2004 by Ord. No. 824]
The Borough of Pleasant Hills, acting through its employees and municipal
agencies such as the Pleasant Hills Volunteer Fire Department and the ambulance
service providing service within the Borough of Pleasant Hills at any given
time, and the Borough of Pleasant Hills, acting through third-party contractors,
is hereby empowered to forthwith clean up and abate, or cause to be cleaned
up and abated, any hazardous materials or substances deposited or dumped upon
or into private or public property or facilities within the municipal boundaries
of the Borough of Pleasant Hills.
Any person who shall have caused or contributed to such dumping operation,
either directly or as a partner, agent, corporate officer or any other person
in charge, shall be liable for all costs and charges incurred by the Borough
of Pleasant Hills in abating such condition.
For purposes of this chapter, costs incurred by the Borough of Pleasant
Hills shall include, but are not limited to, actual labor cost of Borough
personnel, including workers' compensation benefits, fringe benefits, administrative
overhead, cost of equipment operation, cost of special fire extinguishing
agents used and cost of any contracted labor and materials; and further, it
shall include any costs incurred by volunteer fire companies, emergency medical
companies, the Department of Police of the Borough of Pleasant Hills and any
other third-party agency or contractor engaged in the abating or cleaning
up the effects of any such hazardous materials or substances deposited upon
or into properties, facilities, roads or streets of the Borough of Pleasant
Hills.
The remedies provided by this chapter shall be in addition to all other
remedies provided by any federal, state, county or Borough laws or ordinances
dealing with this subject.
