[HISTORY: Adopted by the Borough Council of the Borough of
Eddystone as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-9-1990 by Ord. No. 539, approved 4-9-1990]
This article shall be known as the "Transportation and Storage
of Hazardous Materials Ordinance."
The following words and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except when
the context clearly indicates differently:
The Code of Federal Regulations. The numbers used with "CFR"
shall refer to the volume, divisions and sections used to identify
parts of the Code of Federal Regulations.
Any substance regulated as a compressed gas by the United
States Department of Transportation by regulations found in 49 CFR
137.300.
Any substance regulated as a flammable liquid by the United
States Department of Transportation by regulations found in 49 CFR
173.115.
Any substance regulated as a flammable solid by the United
State Department of Transportation by regulations found in 49 CFR
173.150.
Any substance defined in this section as a compressed gas,
explosive, flammable liquid, flammable solid, oxidizer, poison or
radioactive material 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 article 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 to be considered hazardous materials under this article without
further amendment.
Any liquid or gas that is life-threatening when mixed with
air in small amounts and shall also include all of those substances
regulated as a Class A poison by the United States Department of Transportation
by regulations found in 49 CFR 173.326.
Any substance required by the United States Department of
Transportation to have Type A packaging or Type B packaging under
regulations found in 49 CFR 173.426.
Any building, structure, enclosure or area that is or has
been established to serve the purpose for the consignment, placement
and/or safekeeping of any item, good and/or article.
The regulations set out in this article shall not apply to any
vehicle carrying no hazardous material except flammable liquid in
a container or containers having a total capacity of not over 110
gallons or 41.635 dekaliters by volume.
No person, firm or corporation shall transport any hazardous
material through the Borough except over routes indicated as permitted
routes on the hazardous material routing map attached to and made
a part of this article. Deliveries to destinations in the Borough
shall be made by following permitted routes to the point where the
least amount of travel off a permitted route will be needed to reach
the destination and by going to the destination and returning to the
permitted route or routes by the method requiring the shortest travel
distance off permitted routes.
No hazardous material will be carried off any permitted route
for delivery in any vehicle larger than a tractor with one trailer.
A.
All vehicles used to transport hazardous materials anywhere in the
Borough shall comply with all federal and state statutes, laws and
administrative rules and regulations governing the transportation
of hazardous materials now in effect or subsequently amended or maintained
in a condition that complies with all federal and state statutes,
laws and administrative rules and regulations governing the operation
and automotive condition of such vehicles now in effect or subsequently
amended or enacted.
B.
All storage containers used to contain hazardous materials anywhere
in the Borough shall comply with all federal and state statutes, laws
and administrative rules and regulations governing the physical makeup
and construction of such storage containers now in effect or subsequently
enacted or amended.
C.
All storage facilities used to house hazardous materials anywhere
in the Borough shall comply with all federal and state statutes, laws
and administrative rules and regulations governing the construction
of such facilities, the location of such facilities, the identification
of such facilities, the placement of hazardous materials within such
facilities, route or egress and ingress to, from and within such facilities,
fire and safety protection in such facilities, alarms for such facilities
and the method and manner of movement and storage of hazardous material
within such facilities now in effect or subsequently enacted or amended.
D.
In addition to the foregoing, all vehicles, storage containers and
storage facilities shall strictly comply with the National Fire Code[1] in effect in the Borough of Eddystone as of the date of
the passage of this article or any subsequent enactments, amendments
or supplements to the National Fire Code.
A.
In the event of a breakdown of a vehicle carrying hazardous materials
within the Borough accompanied by a spill or escape of such material
onto Borough streets or private property, the person, firm or corporation
transporting such material as well as the owner and/or consignee of
the material shall be jointly and severally responsible for its physical
containment, recovery and removal and, further, shall be liable for
any cost incurred by the Borough or other responsible persons or agencies
acting with the same purpose of containment, recovery and removal
from the environment.
B.
In the event of a spill or escape of hazardous material from a storage
container while it is housed in a storage facility or while it is
being moved to, from or within a storage facility, causing such material
to spill or escape onto Borough streets or private property, the person,
firm or corporation providing the storage container, the person, firm
or corporation providing the storage facility as well as the owner
and/or consignee of the material shall be jointly and severally responsible
for its physical containment, recovery and removal and, further, liable
for any costs incurred by the Borough or other responsible persons
or agencies acting with the same purpose of containment, recovery
and removal from the environment.
A.
In the event of a breakdown of a vehicle carrying hazardous materials
within the Borough, accompanied by a spill or escape of such material
onto Borough streets, public or private property, any waterway, sanitary
sewer line, stormwater sewer line or into the atmosphere or air, the
person, firm or corporation transporting such hazardous material shall
immediately notify the Borough of Eddystone Fire Department, Borough
of Eddystone Police Department and the office of the Borough Secretary,
stating the location of the spill, identity of the hazardous material
and all other relevant information known at that time by the person,
firm or corporation transporting said hazardous material.
B.
In the event of a spill or escape of hazardous material from a storage
container while it is housed in a storage facility or while it is
being moved to, from or within a storage facility, causing such material
to spill or escape onto Borough streets, public or private property,
any waterway, sanitary sewer line, stormwater sewer line or into the
atmosphere or air, the person, firm or corporation storing or housing
such hazardous material shall immediately notify the Borough of Eddystone
Fire Department, Borough of Eddystone Police Department and the office
of the Borough Secretary, stating the location of the spill, identity
of the hazardous material and all other relevant information known
at that time by the person, firm or corporation storing or housing
said hazardous material.
Any dumping or spilling of any hazardous material as defined
in this article in or on Borough streets, public or private property,
any waterway, sanitary sewer, stormwater sewer line or into the atmosphere
or air for the purpose of unlawful disposal of the same is an expressed
violation of this article. Failure to promptly report a spill of hazardous
material in or on Borough streets, public or private property, any
waterway, sanitary sewer, stormwater sewer line or into the atmosphere
or air or an attempt to disguise or otherwise cover up said dumping
or spilling shall be considered conclusive evidence of an intentional
violation of this section.
Signs shall be posted to inform the public of the permitted
routes for hazardous materials. The Eddystone Police Department shall
keep on hand copies of maps showing permitted routes for hazardous
materials and these maps shall be distributed free upon request.
Any person, firm or corporation violating any provision of this
article shall be fined $1,000 for each offense, and a separate offense
shall be deemed committed on each day on which a violation occurs
or continues.
