[HISTORY: Adopted by the Board of Supervisors of the Township of Pine 6-6-1988 by Ord. No. 167. Amendments noted where applicable.]
Garbage, rubbish and refuse — See Ch. 126. Art. II.
The Township of Pine does hereby prohibit the dumping of any hazardous materials or substances upon or into properties, waterways, facilities, streets, roads and alleys within the municipal boundaries of the Township of Pine.
As used in this chapter, the following terms shall have the meanings indicated:
- HAZARDOUS MATERIALS OR SUBSTANCES
- Any material or substance which may have a direct or identifiable effect on persons or property within the municipal boundaries of the Township or any such substances or materials in a quantity or form which, in the determination of the Township Manager or his authorized representative, pose an unreasonable or imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment. Such materials or substances shall include, but are not limited to, the following: explosives, radioactive materials, petroleum products or gases, poisons, etiologic/biologic agents, flammables, corrosives, toxic materials, infectious materials or materials listed in the hazardous substance list of the Pennsylvania Department of Labor and Industry.
The Township of Pine hereby authorizes and directs its employees, its various emergency services and/or any other persons employed by the Township for such purposes to clean up or abate, or cause to be cleaned up or abated, the results of any hazardous materials or substances deposited upon or into properties, waterways, facilities, streets, roads or alleys within the municipal boundaries of the Township of Pine. Such authorization and direction shall include, but not be limited to, such activities as traffic control, evacuation, relocation, substance monitoring, establishment of medical care facilities and recovering from such persons responsible for such dumping or depositing all costs incurred in the mitigation of such situations.
Any person or persons who intentionally, accidentally or negligently caused such dumping or depositing of such materials or substances shall be liable for all costs incurred by the Township in the cleanup or abatement activities herein described.
The remedies 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 Township of Pine.
For the purposes of this chapter, costs incurred by the Township of Pine shall include, but will not be limited to, the following actual labor costs involving Township employees, including fringe benefits, administrative overhead, costs of equipment operation, fire-extinguishing agents, contracted labor and materials and any other costs incurred by volunteer or municipal Fire Departments, emergency medical units and the Township Police Department. The Township Manager will provide the person or persons responsible for the dumping or depositing of such materials, upon request, a detailed breakdown of the costs incurred by the Township as a result of such cleanup operations and related activities.
If a final decision of a court of competent jurisdiction shall hold any provision of this chapter, or the application of any provision to any circumstances, to be illegal or unconstitutional, the other provisions of this chapter, or the application of such provisions to other circumstances, shall remain in full force and effect. The intention of the Township of Pine is that the provisions of this chapter would have been adopted if such illegal or unconstitutional provisions had not been included.