[HISTORY: Adopted by the Borough Council of the Borough of
Baldwin 4-20-1987 by Ord. No. 584. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 89.
Garbage, rubbish and refuse — See Ch. 96.
The Borough of Baldwin does hereby prohibit the dumping of any
hazardous materials or substances upon or into properties or facilities,
streets, roads and alleys and other properties within the municipal
boundaries of the Borough of Baldwin.
As used in this chapter, 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 Baldwin or any such substances or materials in a quantity
or form which, in the determination of the Borough Secretary or 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.
A.
The Borough of Baldwin 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 Baldwin, including such
properties and activities as but not limited to traffic control, evacuation,
relocation, substance monitoring and establishment of medical care
facilities, and to recover from such persons responsible for the same
all other 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 Baldwin or incurred by the Borough in the cleanup or abatement
activities.
B.
The remedy provided by this chapter shall be in addition to all other
remedies provided by other laws or ordinances of the Commonwealth
of Pennsylvania and the Borough of Baldwin.
For purposes of this chapter, costs incurred by the Borough
of Baldwin shall include, but are not limited to, 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 and, further, any costs incurred by volunteer
fire companies, emergency medical companies, the Department of Police
of the Borough of Baldwin and any other agency or contractor engaged
in the abating or cleaning up of the effects of any such hazardous
materials or substances deposited upon or into properties, facilities,
roads or streets of the Borough of Baldwin.
