[HISTORY: Adopted by the Borough Council of the Borough of Norristown
6-6-1989 as Ord. No. 89-15. Amendments noted where applicable.]
The following definitions shall apply in the interpretation and enforcement
of this chapter:
To clean up or remove such hazardous substances as may be deposited
in the Borough of Norristown, including such action as may be necessary to
monitor, assess and evaluate the threat of hazardous substances to the public
health, safety and welfare as well as action required to prevent, minimize
and mitigate damage to the public health and to dispose of removed materials.
The Borough Administrator, Director of Public Safety, Director of
Public Works, Fire Chief, Chief of Police, Fire Marshal or Deputy Fire Marshals
of the Borough of Norristown.
To spill, leak, pump, pour, empty, discharge, inject, leach, dump
or otherwise dispose of hazardous substances within the Borough of Norristown.
Includes all the substances now or hereafter listed as "hazardous
substances" by the Pennsylvania Department of Environmental Resources, the
Pennsylvania Department of Labor and Industry or the United States Environmental
Protection Agency.
An individual, firm, corporation, association, partnership, joint
venture or other private or commercial entity.
The transporter of a hazardous substance at the time the substance
is deposited in the Borough of Norristown or the person who deposited or who
caused a hazardous substance to be deposited in the Borough of Norristown,
or both.
The depositing of hazardous substances improperly and illegally upon
public roadways, public lands or private property within the Borough of Norristown
is hereby declared a public nuisance, creating a threat to the public health,
safety and welfare of the citizens of the Borough of Norristown.
No person shall improperly deposit hazardous substances upon public
roadways, public lands or private property within the Borough of Norristown.
Whenever any person, firm or corporation is issued a citation for a
violation of this chapter and upon conviction thereof, such person shall be
ordered to pay a fine of not less than two hundred dollars ($200.) nor more
than one thousand dollars ($1,000.) for such violation, plus costs. Each day
that a violation continues shall constitute a separate violation of this chapter,
punishable as provided herein.
A.
The Borough of Norristown, by its officials, agents and/or
employees, shall serve notice upon the person responsible for the public nuisance
resulting from the deposit of hazardous substances within the borough in violation
of this chapter. The notice shall sufficiently describe the condition complained
of and shall require that the nuisance be abated within seventy-two (72) hours
of service of the notice of said violation. Service of notice shall be deemed
to have been made upon the posting of written notice upon the property, delivery
of a telephone or oral communication of the notice to the person responsible
and any other actual notice of said violation to the person responsible for
said violation.
B.
If the person or persons responsible for the public nuisance, as described herein, fail, refuse or neglect to abate the condition to the satisfaction of the borough officials within seventy-two (72) hours as described in the preceding Subsection A and the borough officials determine that the condition constitutes an immediate threat to the public health, safety and welfare, the borough may elect to abate the public nuisance. In the event that the borough is required to abate the public nuisance as provided herein, the cost of such abatement shall be paid by the person responsible for the deposit of the hazardous substance in the borough.
