Township of Doylestown, PA
Bucks County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Doylestown 10-5-2005 by Ord. No. 324. Amendments noted where applicable.]
GENERAL REFERENCES
Industrial accidents — See Ch. 104.
Stormwater management — See Ch. 148.
This chapter shall be known as the "Release Notification Ordinance."
The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise. The definitions contained in the Comprehensive Environmental Response, Compensation, and Liability Act, as amended; the Emergency Planning and Community Right-to-Know Act; the Resource Conservation and Recovery Act, as amended, and/or the Pennsylvania Storage Tank and Spill Prevention Act, and their associated regulations are incorporated by reference, subject to the foregoing incorporation limitations in the third "Whereas" clause.[1]
COMMERCIAL TANK
Any tank located on property used primarily for nonresidential purposes, including any tank that is otherwise exempt from release reporting under Comprehensive Environmental Response, Compensation, and Liability Act, as amended; the Emergency Planning and Community Right-to-Know Act; the Resource Conservation and Recovery Act, as amended; or the Pennsylvania Storage Tank and Spill Prevention Act.
DE MINIMIS
With regard to products containing regulated substances, the term applies when the regulated substance is of insufficient concentration to be required to appear on a material safety data sheet (MSDS).
GATHERING LINES
A pipeline, equipment, facility or building used in the transportation of oil or gas during oil or gas production or gathering operations.
HEATING OIL
Petroleum that is No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No. 5-heavy and No. 6 technical grades of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C); and other fuels when used as substitutes for one of these fuel oils. Heating oil is typically used in the operation of heating equipment, boilers or furnaces.
HYDRAULIC LIFT TANK
A tank holding hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators and other similar devices.
INTRAFACILITY PIPING
A common piping system serving more than one storage tank system within a storage tank facility.
LIQUID TRAP
Sumps, well cellars and other traps used in association with oil and gas production, gathering and extraction operations (including gas production plants), for the purpose of collecting oil, water and other liquids. The liquid traps may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream or may collect and separate liquids from a gas stream.
MOTOR FUEL
Petroleum or a petroleum-based substance that is motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel or any grade of gasohol, and is typically used in the operation of an internal combustion engine.
MOTOR OIL
A petroleum product used to lubricate the internal parts of an engine. The term includes lubricating and operational fluids for the mechanical components associated with the engine, including any hydraulic, transmission, gear or braking systems.
PIPE OR PIPING
A hollow cylinder or tubular conduit that is constructed of nonearthen materials. The terms include the associated fittings such as unions, elbows, tees and flexible joints.
PIPELINE FACILITIES (INCLUDING GATHERING LINES)
New and existing pipe rights-of-way and associated equipment, facilities or buildings.
A. 
An element, compound, mixture, solution or substance that, when released into the environment, may present substantial danger to the public health, welfare or the environment, which is one of the following:
(1) 
A substance which is defined as a hazardous substance in the Comprehensive Environmental Response, Compensation, and Liability Act, as amended;
(2) 
A substance which is defined as a hazardous substance in the Emergency Planning and Community Right-to-Know Act;
(3) 
A substance which is defined as a hazardous waste in the Resource Conservation and Recovery Act, as amended;
(4) 
A substance which is defined as a hazardous substance in the Pennsylvania Storage Tank and Spill Prevention Act;
(5) 
Petroleum, including crude oil or a fraction thereof which are liquids at standard conditions of temperature and pressure (60° F. and 14.7 psia), including but not limited to oil, petroleum, diesel fuel, gasoline, heating oil, kerosene, oil sludge, oil refuse and waste oils;
(6) 
A substance which is defined as a hazardous air pollutant in the Clean Air Act, as amended;
(7) 
Other substances determined by the Pennsylvania Department of the Environmental Protection by regulation, whose containment, storage, use or dispensing may present a hazard to the public health and safety or the environment.
B. 
The term does not include the storage or use of animal waste in normal agricultural practices.
RESIDENTIAL TANK
Any tank located on property used primarily for dwelling purposes.
RESPONSIBLE PARTY
A person who is responsible or liable for corrective action under the Pennsylvania Storage Tank and Spill Prevention Act, 35 P.S. §§ 6021.101 - 6021.2104. The term includes: the owner or operator of a storage tank; the landowner or occupier; and a person who, on or after August 5, 1990, knowingly sold, distributed, deposited or filled an unregistered storage tank regulated by the Act with a regulated substance prior to the discovery of the release.
REPORTABLE RELEASE
A quantity or an unknown quantity of regulated substance released within any 24 hours to or posing an immediate threat to the air, surface water, groundwater, bedrock, soil or sediment. The term does not include the following:
A. 
A release to the interstitial space of a double-walled aboveground or underground storage tank.
B. 
A release of less than 25 gallons of petroleum to a containment area, structure or facility around an aboveground storage tank.
C. 
A release of less than five gallons to a synthetic surface, such as asphalt or concrete, which prevents migration of the regulated substance to the air, surface water, groundwater, bedrock, soil or sediment.
SANITARY SEWER
Any sanitary sewer waste contained within a transmission line maintained as part of a public sanitary sewer system.
[1]
Editor's Note: The said "Whereas" clause provides as follows: "WHEREAS, any incorporation by reference, of findings, definitions, obligations, regulations, or incorporation of any other matter, shall be effective only to the extent that such incorporation works to require greater, rather than lesser, reporting to the Township of such releases and explicitly does not incorporate any limitations, exclusions or exceptions of entities, facilities, substances, or activities that would otherwise result in a release being reported under this chapter if such limitation, exclusion or exception had not been incorporated."
Upon the occurrence of a release subject to this chapter in the Township:
A. 
Individuals who are required to report a release pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended; the Emergency Planning and Community Right-to-Know Act; the Resource Conservation and Recovery Act, as amended; or the Pennsylvania Storage Tank and Spill Prevention Act shall notify the Township as soon as practical, but within 24 hours after notification to either the USEPA, the U.S. Coast Guard National Response Center, or the PA Department of the Environment of a reportable release.
B. 
Individuals who are not required to report a release pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended; the Emergency Planning and Community Right-to-Know Act; the Resource Conservation and Recovery Act, as amended; or the Pennsylvania Storage Tank and Spill Prevention Act shall notify the Township within 24 hours after discovery of a reportable release.
C. 
The owner or operator of a commercial tank or residential tank shall notify the Township as soon as practical, but within 24 hours, after discovery of a reportable release.
The notice required by § 152-3 of this chapter shall be by telephone and shall describe, to the extent of information available: a) the regulated substance involved; b) the quantity of the regulated substance involved; c) when the release occurred; d) where the release occurred; e) the affected environmental media; f) the number and names of human fatalities as a result of the release; g) the number and extent of any injuries to individuals as a result of the release; h) the relevant and available information concerning the contamination of or impacts to surface water, groundwater, and other water supplies, as well as buildings, sewer and other facilities; and i) interim remedial actions planned, initiated or completed.
Within five days of the notice required by § 152-3 of this chapter, the owner or operator shall provide written notification to the Township, which said written notification shall contain the same information as required for the initial notice under § 152-4. In the event additional impacts to environmental media or water supplies, buildings, or sewer or other utility lines are discovered after the initial written notification, an owner or operator must provide additional written notification to the Township regarding each such new impact within 15 days of the discovery of such new impact. The written notice(s) of new impacts shall contain the same information required for the initial notification, as set forth in § 152-4 of this chapter.
Upon the occurrence of a nonreportable release, the owner or operator shall take necessary EPA- and/or DEP-approved corrective actions to completely recover or remove the regulated substance that was released.
The owner or operator of a sanitary sewer transmission line shall notify the Bucks County Board of Health of any spill and/or leakage from a sanitary sewer transmission line as soon as possible following discovery of the release and in accordance with the requirements imposed by the Pennsylvania Department of Environmental Protection, and the owner or operator of the sanitary sewer transmission line shall also notify the Township of a leakage from a sanitary sewer transmission line within 24 hours of discovery of same.
The owner or operator of facility, business or residence shall immediately notify the local fire authority where fire, explosion or safety hazards exist or may exist at the site due to a reportable release.
Any person who shall violate, fail, neglect, or refuse to comply with any provision of this chapter shall pay a fine of not more than $1,000 and costs, including reasonable attorney's fees and other costs incurred by the Township. Each day that a violation of this chapter continues shall be considered a separate violation.
Compliance with the provisions of this chapter shall be in addition to any other obligations imposed by law upon the owner or operator of a facility, business or residence to report any releases to any governmental agencies, including but not limited to the obligations imposed by the regulations promulgated by the Pennsylvania Department of Environmental Protection, as codified at Chapter 245 of Title 25 of the Pennsylvania Code, 25 Pa. §§ 45.301 et seq., as those regulations may from time to time be amended.