[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:
CFR
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.
COMPRESSED GAS
Any substance regulated as a compressed gas by the United
States Department of Transportation by regulations found in 49 CFR
137.300.
FLAMMABLE LIQUID
Any substance regulated as a flammable liquid by the United
States Department of Transportation by regulations found in 49 CFR
173.115.
FLAMMABLE SOLID
Any substance regulated as a flammable solid by the United
State Department of Transportation by regulations found in 49 CFR
173.150.
HAZARDOUS MATERIALS
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.
POISON
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.
RADIOACTIVE MATERIAL
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.
STORAGE FACILITY
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.
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.