[HISTORY: Adopted by the Borough Council of the Borough of
Millvale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-14-1998 by Ord. No. 2092]
The Borough of Millvale does hereby prohibit the dumping of
any hazardous materials or substances upon or into properties within
the municipal boundaries of the Borough of Millvale.
As used in this article, the following terms shall have the
meanings indicated:
Any material or substance which may have a direct or identifiable
effect on persons or property within the municipal boundaries of the
Borough of Millvale, or any such substances or materials in a quantity
or form which in the determination of the Borough Manager, or his/her
authorized representative, poses an unreasonable or 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 in the hazardous substance list of
the Pennsylvania Department of Labor and Industry, the Solid Waste
Management Act, 35 P.S. § 6018.103, and the Worker and Community
Right-to-Know Act, 35 P.S. § 7303.
Includes any individual, firm, corporation, association or
partnership or other legal entity.
Chemical compounds such as benzanthracene, benzoflouranthene,
benzoperylene, benzopyrene, crysene and other similar compounds which
are believed by competent authorities to pose risks to human health
and other animal life.
[Added 5-11-2021 by Ord. No. 2805]
The Borough of Millvale hereby authorizes and directs its various
emergency services, Borough employees or any other persons employed
by the Borough for such purposes 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 Millvale, including such
properties and activities, but not limited to, traffic control, evacuation,
relocation, substance monitoring, establishment of medical care facilities,
and to recover from such persons responsible for the same, any and
all costs incurred in the mitigation of the situation. Any person
or persons who intentionally or accidentally or negligently caused
such deposit shall be liable for all costs incurred by the Borough
of Millvale or incurred by the Borough in the cleanup or abatement
activities. The remedies provided by this article shall be in addition
to all other remedies provided by other laws or ordinances of the
Commonwealth of Pennsylvania and the Borough of Millvale.
For purposes of this article, costs incurred by the Borough
of Millvale shall include, but are not limited to, actual labor cost
of Borough personnel, including workmen's 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; and further, it shall include any costs incurred
by volunteer fire companies, emergency medical companies, the Department
of Police of the Borough of Millvale, and any other agency or contractor
engaged in the abating or cleaning up of the effects of any such hazardous
materials of substances deposited upon or into properties, facilities,
roads or streets of the Borough of Millvale.
[Added 5-11-2021 by Ord. No. 2805]
A.
It shall
be a violation of this article to use, apply or cause others to apply
PAHs to pavement and other surfaces in the Borough of Millvale. It
shall likewise be a violation to fail or refuse to remove or encapsulate
PAHs which are being leeched, emitted or otherwise released at a harmful
level from a surface on land in the Borough of Millvale owned, leased
or otherwise controlled by an individual or entity. In the event of
difference of opinion as to whether the level of release is harmful,
the opinion of a competent testing agency, engaged at the expense
of the property owner, lessee or other controlling person or entity,
shall be conclusive. Removal shall include the obligation to control
and remove dust or other residue of PAHs from such land and other
downstream properties including during removal.
B.
The Code
Enforcement Officer, police and management level personnel of the
Borough of Millvale shall have the right to enter upon land and to
cause competent testing contractors to test surfaces in the Borough
of Millvale which they reasonably suspect may have PAHs on or under
them.
