[HISTORY: Adopted by the Board of Commissioners (now Township Council) of the Township of Bristol as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-18-1982 by Ord. No. 1024]
As used in this article, the following terms shall have the meanings indicated:
HAZARDOUS MATERIALS
As defined under Sections F-3000.1 through and including F-3008.1 of the BOCA Basic Fire Prevention Code/1981.
If containers of hazardous chemicals are defective in that they permit the spillage or leakage of contents, the containers must be replaced or repaired promptly, and no spilled or leaked materials shall be allowed to accumulate on floors or shelves.
The applicant shall report to the Fire Official all hazardous materials stored or to be stored on the applicant's premises. The public shall have access to all records, reports or information contained in the hazardous materials storage or handling permit applications as required by Section F-3000.2, including material safety data sheets submitted to the Fire Official, and such documents shall be available for inspection and reproduction during normal business hours, unless the Fire Official shall consider a record, report or information or particular portion thereof (but not emission or discharge data concerning hazardous chemicals which are potentially toxic in the environment), if made public, would divulge production or sales figures or methods, processes or production unique to such applicant or would otherwise tend to affect adversely the competitive position of such applicant by revealing trade secrets. Nothing herein shall be construed to prevent disclosure of such report, record or information to the federal government or state agencies as may be necessary for purposes of administration of any federal or state law or to any other branch of government as may be necessary for public health, safety or law enforcement purposes. Furthermore, the Fire Official shall be empowered to release information subject to a claim of confidentiality to a licensed physician or osteopath where the information is needed for the purpose of medical diagnosis or treatment of a person exposed to the hazardous chemical.
[Adopted 9-20-1994 by Ord. No. 94-10]
As used in this article, the following terms shall have the meanings indicated:
ABATE AND/OR ABATEMENT
The cleanup, removal and remediation of any hazardous materials, hazardous waste or hazardous substance as may be deposited or released by an incident within Bristol Township, including such action as may be necessary to monitor, assess and evaluate the threat of hazardous substances to the public health, safety and welfare as well as action required to prevent, minimize and mitigate damage to the public health and all measures necessary to dispose of removed materials.
AUTHORIZED TOWNSHIP REPRESENTATIVES
The Township's Fire Marshal, Environmental Officer, Chief of Police, Department of Public Works, the five Fire Departments, the two Rescue Squads and any other consulting agencies that the Township deems necessary.
BILLING PARTIES
Any of the authorized Township representatives.
HAZARDOUS SUBSTANCE
Includes all the substances now or hereafter listed as hazardous substances by the Pennsylvania Department of Environmental Resources, the Pennsylvania Department of Labor and Industry or the United States Environmental Protection Agency.
INCIDENT
Any spilling, leaking, pumping, pouring, emptying, discharging, injecting, leaching, dumping, evaporating or vaporizing of hazardous substances or anything else which might be deemed the disposal or emission of hazardous substances or any attempt to dispose of hazardous substances except as permitted by law within Bristol Township.
PARTY
Includes all persons, businesses or other legal entities who or which either own, rent, lease or otherwise are in possession or control of property upon which an incident occurs or the owner, transporter or other person or entity in control of or in possession of the hazardous substance at the time of the incident.
PROPERTY
Any real property located within the Township of Bristol.
PUBLIC THOROUGHFARE
Any Township street, passageway, state highway, alley, county bridge, any navigable waterway or any other roadway or watercourse owned by a governmental unit.
TOWNSHIP
Bristol Township, Bucks County, Pennsylvania.
A. 
Where an incident occurs on a property in Bristol Township as defined in this chapter, the owner of the property shall bear all costs that occur as a direct, proximate or consequential result of the Township's efforts to abate the incident. In the event that the party who is responsible for the incident or those costs is a tenant on the property owned by another, then that tenant shall bear the costs described above. If, however, the tenant cannot or will not bear the costs incurred by the Township as a result of its attempt to abate the incident, then the owner of the property on which the tenant is located shall be jointly and severally responsible for all costs that occur as a direct or consequential result of the incident.
B. 
Where an incident occurs during transportation on a public thoroughfare or during delivery to an entity other than a party as defined in § 117-4 of this article, then the business which owns, leases or has custody and/or control of the vehicle transporting the substance causing the incident and/or the party which owns the substance causing the incident shall be jointly and severally liable for all costs that occur as a direct, proximate or consequential result of the incident, including but not limited to the costs of abatement.
C. 
Nothing contained herein shall prevent any party from recovering any of its incurred or subsequent costs from a third party whose negligence may have caused the incident.
Costs for abatement of an incident shall include but are not limited to the following:
A. 
Expenses incurred by any authorized Township representative, including benefits and administrative costs.
B. 
Consultants retained by Bristol Township.
C. 
Salaries and benefits for Township employees used in the abatement of the incident.
D. 
Costs of equipment operation.
E. 
Costs of materials obtained by Bristol Township.
F. 
Costs of contractual labor and materials obtained by Bristol Township to effectuate or assist in the cleanup or abatement of the incident.
G. 
Costs of the Township Solicitor and/or Engineer in relation to the incident.
The authorized Township representatives, in coordination with the Managing Director of the Township, may retain, at the expense of the party(ies), independent environmental contractor(s), engineer(s) and scientist(s) to investigate and certify that the incident has been remediated to the Township's satisfaction.
The Township shall revoke and shall not reissue a use and occupancy permit to the party(s) unless and until all provisions of this article have been complied with.
Payment of all sums due pursuant to this article are due and payable to the Township or a billing party, as the case may be, within 30 days of the issuance of the invoice to a party by either the billing party or the Managing Director of the Township. In the event that payment is not received by the billing party or the Township within said 30 days, the billing party's solicitor and the Township's Solicitor are authorized to file the appropriate action in a court of competent jurisdiction to recover said costs, plus attorney's fees, costs of suit and interest as provided by law.