[HISTORY: Adopted by the Borough Council of the Borough of Bradford Woods 8-12-1991 by Ord. No. 330; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 183.
The Borough of Bradford Woods 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 Borough of Bradford Woods. “Hazardous materials or substances” are defined for the purpose of this chapter as any materials or substances which may have a direct or identifiable effect on persons or property within the municipal boundaries of the Borough or any such substances or materials in a quantity or form which, in the determination of an authorized representative, pose an unreasonable or imminent risk to the life, health or security 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 Borough of Bradford Woods hereby authorizes and directs the Allegheny County Emergency Management/Haz-Mat Agency 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 Borough of Bradford Woods. 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 Borough 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 Borough of Bradford Woods.
For the purposes of this chapter, costs incurred by the Borough of Bradford Woods shall include, but will not be limited to, the following: actual labor costs if a Borough employee is involved; costs of equipment and/or fire-extinguishing agents; contracted labor and materials; and any other costs incurred by volunteer or municipal fire departments, emergency medical units and the Police Department. The Borough Secretary 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 Borough as a result of such cleanup operations and related activities.
Any person, firm or corporation who shall violate any provision of this chapter or who shall fail to pay for the costs incurred for hazardous waste cleanup shall, upon conviction before the District Justice having jurisdiction thereof, be sentenced to pay a fine of not more than $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, be subject to imprisonment of not more than 30 days.