[HISTORY: Adopted by the Board of Supervisors of the Township of
Lower Salford 4-6-1994 by Ord. No. 94-1.
Amendments noted where applicable.]
The Township does hereby prohibit the releasing, depositing, discharging
or dumping of any hazardous materials or substances upon or into properties,
waterways, facilities, streets, roads and alleys within the municipal boundaries
of the Township.
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/her 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: a compressed gas, explosive,
flammable liquid, flammable solid, oxidizer, poison or radioactive material,
petroleum products or gases, etiologic/biologic agents, corrosives, infectious
materials or any material, liquid, solid, gas or other matter included by
the United States Department of Transportation within the provisions of Title
49 of the Code of Federal Regulations, now in effect or hereinafter amended
or enacted, and 35 P.S. § 7301 et seq., now in effect or hereinafter
amended or enacted. It is to be expressly understood by virtue of this chapter
that all such substances currently listed or subsequently added to the provisions
of the United States Code of Federal Regulations Title 49 and the Worker and
Community Right-to-Know Act, 35 P.S. § 7301 et seq., are expressly
made and are to be considered hazardous materials under this chapter without
further amendment.
A.
Any person or persons who intentionally, accidentally
or negligently cause such releasing, depositing, discharging or dumping of
hazardous materials or substances shall be, jointly and severally with all
other responsible persons hereunder, liable for all costs incurred by the
Township in the clean-up and abatement activities herein described.
B.
The person or entity which owns or leases a property
on which a hazardous substance incident (as defined below) occurs shall be,
jointly and severally with all other responsible persons hereunder, responsible
for all costs incurred as a direct or consequential result of that incident.
In the event that such an incident occurs during transportation of a hazardous
substance on a public road or other thoroughfare within the Township, the
person or entity who owns or has custody or control of the vehicle and/or
the hazardous substance involved in the incident shall be, jointly and severally
with all other responsible persons hereunder, responsible for all costs that
occur as a direct or consequential result of such incident.
C.
For the purpose of this section, a hazardous substance
incident shall be deemed to include any incident that occurs in the storage,
transportation, use, manufacturing, processing or discharging of any hazardous
material or substance, as defined above, which necessitates either the intervention
of the State Police Department, any municipal or volunteer Fire Department,
emergency medical units or any of the emergency agencies or services which
may assist the Township including, but not limited to, fire companies and
ambulance or rescue squads operating within the Township; or the need for
clean-up or abatement measures to be performed or supervised by Township employees
or Township consultants or the need for any responsive action resulting in
expense of any kind to the Township.
D.
For the purpose of this section, the costs of a hazardous
substance incident shall include, but shall not be limited to, the following:
expenses incurred by police, fire or emergency medical squads or groups; actual
labor costs for Township personnel [including traffic control, evacuation,
relocation, substance monitoring, substance clean-up (if any), establishment
of medical care facilities, etc.], including a proportionate share of applicable
benefits and administrative overhead; the costs of consultants or others retained
by the Township in preparing reports concerning the incident; the costs of
any necessary equipment whether owned or rented by the Township; the costs
of materials obtained by the Township in connection with responding to the
incident; the cost of any contractual labor or materials or clean-up or abatement;
the costs incurred by the Township for legal engineering fees in connection
with responding to the incident or enforcing this section; the cost to replace
or repair any damage caused to equipment utilized by the Township or any other
service agency which responded to the incident.
E.
The costs resulting from the hazardous substance incident
shall be paid directly to the Township within 30 days from the date on which
the Township issues an invoice or other appropriate demand for such costs.
Interest shall accrue on any unpaid invoice at the rate of 1 1/2% per
month commencing after the expiration of the original thirty-day grace period.
F.
The remedies provided by this chapter shall be in addition
to all other remedies provided by other laws or ordinances of the United States
of America, the Commonwealth of Pennsylvania and the Township.
