[HISTORY: Adopted by the Board of Supervisors of the Township of
East Allen 6-14-1990 by Ord. No. 90-2.
Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 197.
This chapter shall be known and cited as the “East Allen Township
Reclamation Ordinance.”
This chapter is adopted for the purposes of promoting the health, safety,
and welfare of the citizens within the Township, and more specifically:
The owner of any petroleum, chemical or the common carrier of any type
whatsoever, including pipelines carrying said petroleum or chemicals, shall
be responsible for the control, extinguishment, or cleanup of petroleum or
chemical spills, releases, or fire involving said petroleum or chemicals in
the Township of East Allen, Northampton County, Pennsylvania.
In the event of the failure of an owner of a common carrier, including
pipelines or otherwise, to control, extinguish or clean up any spill, fire
or release, the Township of East Allen, or its designated agents, including
the voluntary fire company of the Township of East Allen, Northampton County,
Pennsylvania, may perform the necessary work and bill such person in order
to compensate the Township of East Allen or its agent for both direct and
indirect costs and expenses, including but not limited to special equipment
and materials used and labor costs incurred by the Township of East Allen
or its agents.
The special equipment or materials used by the Township of East Allen
or its agents for which the owner or common carrier shall be responsible for
shall include but is not limited to the following:
A.
Foam.
B.
Dry chemicals, including extinguishers.
C.
Sand.
D.
Any other equipment or materials deemed necessary by
the Board of Supervisors of the Township of East Allen or the Fire Chief of
the volunteer fire company of the Township of East Allen.
E.
Contaminated personal effects, or equipment. The owner
or common carrier may, with the approval of the Township of East Allen, elect
to replace such special equipment or materials in lieu of payment therefor.
The cost of labor shall include the actual wage rates, including fringe
benefits, paid by the Township of East Allen or its agents to all personnel
involved in the extinguishing of any extraordinary fire or in cleaning up
any spill or release involving chemicals or petroleum.
The owner or common carrier of any petroleum or chemicals, or pipeline
as aforementioned, shall also be liable for the cost of any temporary storage
of chemicals or petroleum materials and/or the cost of disposing of same by
the Township of East Allen or its agents.
It is the intent of this chapter that the costs of labor and materials
shall encompass all manpower, equipment, materials and maintenance expenses
in such an amount to insure for the Township of East Allen’s full reimbursement
for charges for services actually rendered in the cleanup of any and all spills
of petroleum and/or chemicals.
A.
Any person who fails, neglects or refuses to comply with
any of the terms or provisions of this chapter, or fails to make payment for
billed costs within 30 days, shall, upon conviction in a summary proceeding
brought before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable by a fine
of not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term not exceeding
90 days. Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section of this
chapter that is violated shall also constitute a separate offense.
B.
The imposition of the aforementioned fines and/or imprisonment
shall not relieve any responsible person, corporation or other entity hereunder
from civil liability to the Township of East Allen, Northampton County, Pennsylvania,
as provided herein.
