[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 3-1989. Amendments noted where applicable.]
The following words or phrases, unless the context clearly indicates
otherwise, shall have the meanings ascribed to them in this chapter:
The actual cost to the City of contracting out all or any
portion of the cleanup as well as actual labor costs of all personnel,
including fringe benefits and administrative overhead, costs of materials
utilized as extinguishing or abatement agents, chemical neutralizers
or other fire suppression agents, costs of removing and storing the
hazardous material and/or the material(s) used as fire suppression
agent(s), and any special equipment or materials which may be necessary
to clean up or otherwise abate the effects of the hazardous material.
Any material in solid, liquid or gaseous form which, due
to its quantity, concentration or physical or chemical characteristics,
poses a significant present or potential hazard to the health and
safety of persons or to the environment in the event of its release,
discharge or deposit and includes, but is not limited to, petroleum
products, flammable or combustible liquids and corrosive substances
which burn, irritate or destroy organic tissue.
The release, discharge or deposit of hazardous materials upon
or into any property, facility or the environment within the geographical
boundaries of the City is hereby declared a public nuisance and unlawful.
The persons described in this section shall be jointly and severally
liable to the City for any and all costs incurred by the City to extinguish,
confine, neutralize, contain, clean up, or otherwise abate the effects
of any hazardous materials unlawfully released, discharged or deposited
upon or into any property, facility or the environment:
A.Â
The person or persons whose negligent or willful act or omission
causes the release, discharge or deposit of the hazardous material;
B.Â
The person or persons who own or have custody or control of the hazardous
material at the time of its release, discharge or deposit, without
regard to fault or causation; and
C.Â
The person or persons who own or have custody or control of the container
which holds such hazardous material at the time of or immediately
prior to its release, discharge or deposit, without regard to fault
or causation.
A.Â
The Fire Chief or other City official may arrange for or otherwise contract with an appropriate waste hauling entity for the removal of hazardous material or material used as an extinguishing or abatement agent, neutralizer or fire suppression agent which becomes contaminated by the hazardous material during the course of cleanup or abatement activity pursued hereunder. The persons described in § 3-701.3 herein shall be liable to the City for costs incurred by the City for such waste removal services so contracted.
B.Â
In the event any person undertakes, either voluntarily or upon order of the Fire Chief or other City officials, to clean up or otherwise abate the effects of any hazardous materials unlawfully released, discharged or deposited upon or into any property, facility or the environment, the Fire Chief may take such action as is necessary to supervise or verify the adequacy of said cleanup or abatement. The persons described in § 3-701.3 herein shall be liable to the City for any and all costs incurred as a result of such supervision or verification.
This chapter shall not be construed to create liability on the
part of any person or persons for costs incurred by the City to provide
municipal services, such as fire suppression or police protection,
which municipal services are normally or usually provided by the City
and involve substances other than hazardous materials.
Whoever violates any provisions of this chapter shall be subject to the general code penalty, § 1-301.99 of these Codified Ordinances.
