[Ord. 871, 3/12/1993, § 1; as amended by Ord. 1005,
5/23/2011]
1.
Word Usage. The singular number includes the plural and the plural
includes the singular. The masculine gender includes the feminine.
2.
ABATE OR ABATEMENT
DEPOSIT
HAZARDOUS SUBSTANCE
PERSON
Terms Defined. Unless otherwise expressly stated, the following words
and phrases shall be construed throughout this Part to have the meanings
indicated in this section.
The removal and disposal of hazardous substances in accordance
with applicable federal, state, or local laws or regulations in such
a way as to prevent damage or injury to persons, property, or the
environment, or to endanger the public health, safety, and welfare
and shall include, but not be limited to, the actions necessary to
monitor, assess, and evaluate such danger or damage.
Any spilling, leaking, pumping, pouring, emptying, discharging,
injecting, escaping, leeching, dumping, or disposing.
Any solid, liquid, or gas which is combustible, flammable,
corrosive, poisonous, toxic, radioactive, oxidizing, unstable (reactive),
or explosive substance and includes all the substances listed as hazardous
substances by the Pennsylvania Department of Environmental Protection,
the Pennsylvania Department of Labor and Industry, the United States
Environmental Protection Agency and the United States Coast Guard.
Any individual, firm, corporation, association, partnership,
joint venture, or other private or commercial entity.
[Ord. 871, 3/12/1993, § 1]
Hazardous substances deposited upon public roadways, public
lands, or private property within the Borough shall be deemed a public
nuisance and shall be abated immediately by the person responsible
for the deposit of said hazardous substances or, if upon private property,
by the owner of such property.
[Ord. 871, 3/12/1993, § 1]
Except in the case of an emergency or imminent danger to the
public health, safety, or welfare, the Fire Marshall, or authorized
designate, shall serve notice upon the person responsible for the
public nuisance, or if such person is unknown, then the owner of the
property upon which the nuisance exists. The notice shall sufficiently
describe the condition found and shall require the nuisance to be
abated within 10 days of the mailing of the notice If the owner cannot
be located, it shall be sufficient to forward notice to the last known
address and to post a copy of such notice at the site of the nuisance.
[Ord. 871, 3/12/1993, § 1]
Should any person responsible for the creation of a nuisance,
or an owner, fail, after receiving notice to abate such condition,
to the satisfaction of the Fire Marshall, or if the Fire Marshall
shall determine that the hazardous substances expose an immediate
threat to the public health, safety, and welfare, the Borough shall
act to abate the condition and the cost of abatement by the Borough
shall be paid by the person who deposited the hazardous substance
or by the owner of the property affected. A municipal claim may be
filed against the property benefitted and such costs collected as
provided by law.
[Ord. 871, 3/12/1993, § 1]
All costs incurred by the Borough for hazardous substance dean
up shall be paid by the person responsible for causing the deposit
of the substance or by the owner of the property affected. In the
case where the responsible person is a nonresident, legal action will
be taken if payment for costs is not made within 30 days of the request
for payment.
