The Borough of Bradford Woods does hereby prohibit the dumping of any
hazardous materials or substances upon or into properties, waterways, facilities,
streets, roads and alleys within the municipal boundaries of the Borough of
Bradford Woods. “Hazardous materials or substances” are defined
for the purpose of this chapter as any materials or substances which may have
a direct or identifiable effect on persons or property within the municipal
boundaries of the Borough or any such substances or materials in a quantity
or form which, in the determination of an authorized representative, pose
an unreasonable or imminent risk to the life, health or security of persons
or property or to the ecological balance of the environment. Such materials
or substances shall include, but are not limited to, the following: explosives,
radioactive materials, petroleum products or gases, poisons, etiologic/biologic
agents, flammables, corrosives, toxic materials, infectious materials, or
materials listed in the hazardous substance list of the Pennsylvania Department
of Labor and Industry.
The Borough of Bradford Woods hereby authorizes and directs the Allegheny
County Emergency Management/Haz-Mat Agency to clean up or abate, or cause
to be cleaned up or abated, the results of any hazardous materials or substances
deposited upon or into properties, waterways, facilities, streets, roads or
alleys within the municipal boundaries of the Borough of Bradford Woods. Such
authorization and direction shall include, but not be limited to, such activities
as traffic control, evacuation, relocation, substance monitoring, establishment
of medical care facilities and recovering from such persons responsible for
such dumping or depositing all costs incurred in the mitigation of such situations.
Any person or persons who intentionally, accidentally or negligently caused
such dumping or depositing of such materials or substances shall be liable
for all costs incurred by the Borough in the cleanup or abatement activities
herein described. The remedies provided by this chapter shall be in addition
to all other remedies provided by other laws or ordinances of the Commonwealth
of Pennsylvania and the Borough of Bradford Woods.
For the purposes of this chapter, costs incurred by the Borough of Bradford
Woods shall include, but will not be limited to, the following: actual labor
costs if a Borough employee is involved; costs of equipment and/or fire-extinguishing
agents; contracted labor and materials; and any other costs incurred by volunteer
or municipal fire departments, emergency medical units and the Police Department.
The Borough Secretary will provide the person or persons responsible for the
dumping or depositing of such materials, upon request, a detailed breakdown
of the costs incurred by the Borough as a result of such cleanup operations
and related activities.
Any person, firm or corporation who shall violate any provision of this
chapter or who shall fail to pay for the costs incurred for hazardous waste
cleanup shall, upon conviction before the District Justice having jurisdiction
thereof, be sentenced to pay a fine of not more than $1,000, plus costs of
prosecution, and, in default of payment of such fine and costs, be subject
to imprisonment of not more than 30 days.