[HISTORY: Adopted by the Borough Council of the Borough of Green Tree as indicated in article histories. Amendments noted where applicable.]
Article I Reimbursement for Cleanup
[Adopted 7-10-1989 by Ord. No. 1140 (Ch. 1070 of the 1982 Code)]
The Borough of Green Tree, through its various emergency services, is authorized to clean up or abate, or cause to be cleaned up or abated, the effects of any hazardous materials or substances deposited upon or into properties or facilities within the municipal boundaries of the Borough of Green Tree, or having a direct or identifiable effect on person or property within the municipal boundaries of the Borough of Green Tree, 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. Any person, partnership or corporation who or which intentionally, accidentally or negligently causes such deposit shall be liable for all costs incurred by the Borough of Green Tree as a result of such cleanup 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 Green Tree.
For purposes of this article, "hazardous materials" means any substances or materials in a quantity or form which, in the determination of the Emergency Management Coordinator or his or her 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 on the Hazardous Substances List of the Pennsylvania Department of Labor and Industry.
For purposes of this article, costs incurred by the Borough of Green Tree shall include, but not be limited to, the following: actual labor cost of Borough personnel, including workers' 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 article shall not include fire-suppression services which are normally or usually provided by the Fire Department.