[HISTORY: Adopted by the Borough Council of the Borough of Leetsdale
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-9-1987 by Ord. No. 480]
The Borough of Leetsdale, through its various emergency services, is
empowered to clean up or abate, or cause to be cleaned up or abated, the effects
of any hazardous materials or substances deposited upon, on or into properties
or facilities within the municipal boundaries of the Borough of Leetsdale,
or having direct or identifiable effect on person or property within the municipal
boundaries of the Borough of Leetsdale, including, but not limited to, traffic
control, evacuation, relocation, substance monitoring, establishment of medical
care facilities and all other costs incurred in the mitigation of the emergency
situation; and any person or persons, partnership, corporation or corporations
who intentionally, or accidentally or negligently cause such deposit shall
be liable for all costs incurred by the Borough of Leetsdale as a result of
such clean up or abatement activity. The remedy provided by this article shall
be in addition to any other remedies provided by other laws or ordinances
of the Commonwealth of Pennsylvania and the Borough of Leetsdale.
As used in this article, the following terms shall have the meanings
indicated:
Any substances or materials in a quantity or form which, in the determination
of the Emergency Management Coordinator or his authorized representative,
poses an unreasonable and 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, flammables,
corrosives or materials listed in the hazardous substances list of the Pennsylvania
Department of Labor and Industry.
For purposes of this article, costs incurred by the Borough of Leetsdale
emergency services shall include, but not be limited to, the following: Actual
labor cost of Borough personnel, including worker's 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.
The authority to recover costs under this Section shall not include
actual fire suppression services which are usually or customarily provided
by the Fire Department.
