[HISTORY: Adopted by the Board of Supervisors of the Township of
Pine 6-6-1988 by Ord. No. 167. Amendments
noted where applicable.]
GENERAL REFERENCES
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:
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.
A.
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.
B.
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.
C.
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.
