[HISTORY: Adopted by the Council of the Borough
of Baden as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-17-1988 by Ord. No. 777]
For the purposes of this article, the following
terms shall have the definitions ascribed to them:
All waste generated by or resulting from the production or
use of antineoplastic agents used for the purpose of stopping or reversing
the growth of malignant cells. Chemotherapeutic waste shall not include
any waste containing antineoplastic agents that are listed as hazardous
waste under 25 Pa. Code 75.261 (relating to criteria, identification
and listing of hazardous waste).
Infectious wastes or chemotherapeutic wastes or hazardous
wastes or any combination thereof.
The same as "hazardous waste" under the federal regulations
promulgated by the United States Environmental Protection Agency and
codified at 40 CFR 261.3. Said 40 CFR 261.3 is incorporated herein
by reference. All lists in 40 CFR 261, Subpart D, and the Appendices
to Part 261 are also expressly incorporated by reference. The term
"hazardous waste" as used herein also includes any substance or mixture
containing polychlorinated biphenyls (PCBs) at greater than a concentration
of 1/10 of 1% when such substance or mixture is not intended for beneficial
use or reuse. Radioactive waste and by-products, as defined by the
Code of Pennsylvania, 1975, are expressly excluded from this definition.
Waste of any sort generated by nursing homes, hospitals or
clinics for the treatment of disease, and like institutions or businesses.
The term shall also include paper products, bedding, towels, containers
or cleaning implements that have been exposed to infectious, chemotherapeutic
or pathological wastes, solid wastes and/or hazardous wastes generated
by nursing homes, hospitals or clinics for the treatment of disease
or like institutions or businesses.
Waste that contains or may contain any disease-producing
microorganism or material. Infectious wastes include but are not limited
to the following:
Those wastes that are generated by hospitalized
patients who are isolated in separate rooms in order to protect others
from their severe and communicable disease.
All cultures and stocks of etiologic agents.
All waste blood and blood products.
Tissues, organs, body parts, blood and body
fluids that are removed during surgery and autopsy and other wastes
generated by surgery or autopsy of septic cases or patients with infectious
diseases.
Wastes that were in contact with pathogens in
any type of laboratory work, including collection containers, culture
dishes, slides, plates and assemblies for diagnostic tests; and devices
used to transfer, inoculate and mix cultures.
Sharps, including hypodermic needles, suture
needles, disposable razors, syringes, Pasteur pipettes, broken glass
and scalpel blades.
Wastes that were in contact with the blood of
patients undergoing hemodialysis at hospitals or independent treatment
centers.
Carcasses and body parts of all animals which
were exposed to zoonotic pathogens.
Animal bedding and other wastes that were in
contact with diseased or laboratory research animals or their excretions,
secretions, carcasses or body parts.
Waste biologicals (e.g., vaccines) produced
by pharmaceutical companies for human or veterinary use.
Food and other products that are discarded because
of contamination with etiologic agents.
Discarded equipment and equipment parts that
are contaminated with etiologic agents and are to be discarded.
The holding of hazardous waste for a temporary period, at
the end of which the hazardous waste is treated, disposed of, moved
or stored elsewhere.
The same as "solid waste" under federal regulations promulgated
by the United States Environmental Protection Agency and codified
at 40 CFR 261.2. Said 40 CFR 261.2 is incorporated by reference herein.
A.
The streets and roads of the Borough of Baden, being
generally narrow, winding and, in places, congested and not generally
designed to accommodate heavy or constant truck traffic, the Borough
Council may from time to time designate certain routes and/or particular
streets for use by motor vehicle trucks hauling dangerous waste. The
following streets are the only streets in the Borough of Baden designated
at this time for transportation by truck of hospital and infectious
wastes:
B.
No such motor vehicle truck shall exceed the load
limit for any such route or road.
Trucks carrying dangerous waste within the Borough
of Baden are hereby limited to 30 miles per hour on Route 65, 25 miles
per hour on State Street and 25 miles per hour on Phillips Street
and any other state or Borough road within the Borough of Baden that
may eventually be approved for use by such trucks bearing dangerous
wastes.
No motor vehicle carrying dangerous wastes shall
follow within 125 feet of any other vehicle when within the Borough
limits, provided that this section shall not apply to trucks following
state or city police vehicles.
Motor vehicle trucks carrying dangerous wastes
shall operate only during approved hours and not during the hours
that citizens generally travel to or from their jobs or the schools
of the area. The only allowable hours, for purposes of this section,
are deemed to be from 9:00 a.m. to 2:15 p.m. and 8:00 p.m. to 2:30
a.m.
A.
No truck carrying dangerous wastes may operate when
the temperatures are below 32° F. and rain or other precipitation
has occurred either within the last two hours or is expected within
the next eight hours. Expectations shall be determined by reference
to the official United States Weather Service forecast for the Mobile
County area then current; such an expectation shall be deemed to exist
if that forecast predicts over a thirty-percent possibility of such
precipitation.
B.
No truck carrying dangerous wastes may be operated
during any officially designated hurricane or tornado watch or during
any period where winds exceed 50 miles per hour or have exceeded 50
miles per hour at any time within the last four hours.
C.
All trucks carrying dangerous wastes in the Borough
of Baden shall operate with their headlights on at all times.
D.
All trucks carrying dangerous wastes in the Borough
of Baden shall be equipped with two-way radios capable of receiving
from and transmitting to the police and other emergency vehicles operated
by the Borough of Baden. Such radios shall also be capable of communicating
with the Beaver County Communications Center.
A.
Each truck hauling hazardous wastes shall carry and
have available for inspection the manifest required for transportation
of hazardous wastes under the Resource Conservation and Recovery Act
or federal or state regulations implementing that Act. Such manifest
shall be presented upon request of any Baden police officer.
B.
Each driver shall get out of his vehicle prior to
entering the Borough of Baden and conduct a careful visual inspection
of the entire truck and the ground under it to determine if such truck
is leaking or is in any other way damaged. This inspection shall be
repeated any time such truck is stopped within the Borough of Baden
for over 30 minutes.
C.
Each driver of any such truck shall immediately report
any accident or collision involving his truck to the Borough of Baden
police via his two-way radio.
D.
No driver of a motor vehicle truck hauling dangerous
wastes in the Borough of Baden shall be permitted to enter the Borough
of Baden with such truck unless such driver or the owner or consignor
of such dangerous wastes shall first have deposited with the Borough
Secretary an indemnity with limits of not less than $50,000,000 per
occurrence. Such bond shall be conditioned to pay all or part of such
sum as damages or restitution to the Borough of Baden unless the responsible
party shall reimburse any person, firm, partnership, trust or corporation,
including the Borough itself, for any damages to person, property
or natural resources resulting from the hauling of such dangerous
wastes or accidents or spills incident thereto in the Borough of Baden.
E.
Any truck or vehicle carrying dangerous wastes shall
comply with all Department of Environmental Resources and state regulations
and laws pertaining thereto.
Except as provided for by Department of Environmental
Resources regulations, the storage of dangerous wastes in one place
for over 24 hours within the Borough of Baden is entirely prohibited.
Storage in separate places within the Borough for a cumulative total
of 48 hours or more is also prohibited.
For purposes of this chapter, all hospital waste
will be presumed to contain dangerous wastes.
Any person who operates a motor vehicle truck
in violation of any of the provisions of this article shall, upon
conviction, be fined not less than $100 nor more than $500 and may,
in addition or alternatively, be sentenced to jail for a period or
term not exceeding 90 days. Such sentences may not be suspended.
[Adopted 4-18-2018 by Ord. No. 957[1]]
[1]
Editor’s Note: This ordinance also provided for the
repeal of former Art. II, Reimbursement for Abatement, adopted 11-15-2000
by Ord. No. 857.
The Department[1] is hereby authorized and directed, by its officers and
authorized representatives, to ascertain what insurance coverages
may be applicable and available under any given circumstance and to
take all necessary and affirmative steps to apply for and receive
reimbursement from any insurance carrier where a property owner and/or
vehicle owner/operator is or may be insured to reimburse the Department
for any cost and/or expense incurred for services, supplies, and/or
equipment used for or provided to the property owner and/or the vehicle
owner/operator by the Department.
[1]
Editor’s Note: “The Department” refers to
the Baden Volunteer Fire Department.
Under no circumstances shall any property owner or vehicle owner/operator
within the Borough of Baden ever receive a bill from the Department
for fire protection or other services provided by the Department except
in cases of multiple false alarms and fires intentionally set by the
property owner.
This article shall be liberally construed to accomplish its
purpose to compensate and/or reimburse the Department from insurance
proceeds only for costs and/or expenses incurred while providing service.
Baden Borough authorizes the Department to recover costs including,
but not limited to, firefighting, vehicle rescue, and material used
and expended; the costs of the use of the fire apparatus and squad
rescue equipment; the costs of hazardous situation abatement material
involving any fire, safety, and rescue incidents; or operation and
hazardous abatement incidents, including vehicular accidents and fires
within the Borough or any other area in which the Department is in
agreement to provide such services.
The Borough may, by resolution, from time to time, establish,
revise, amend or rescind a schedule of fees that may be charged by
the Department.
In all cases where the Department is indemnified by the property
owner's or vehicle owner's/operator's insurance coverage,
the Department may elect to accept the amount provided for under said
insurance as payment in full, even though it is less than the sum
requested.
The costs and fees shall be recovered directly by the Department
by direct billing by the Department or by a collection service or
agency contracted with the Department. The Department shall also be
authorized to collect the costs and fees associated with any collection
service or agency contracted with the Department, and the Department
shall be authorized to collect the reasonable interest and administration
fees for collecting the costs and fees.
In the event that any insurance carrier fails to pay any bill
or invoice within 30 days of the mailing or delivery of such notice
of charges, the Department or agency contracted with the Department
who mailed or delivered the bill or invoice may enforce the provisions
of this article by filing a civil action of law in a court of competent
jurisdiction for the collection of any amount due to the Department,
together with statutory interest, court costs, collection fees, and
reasonable attorneys' fees. The remedies provided herein shall
be in addition to any other relief, remedies or penalties that may
be appropriate or provided by law.
If any section, subsection, sentence, clause, phrase or portion
of this article is, for any reason, held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof. It is hereby
declared to be the intent of the Borough Council that this article
would have been adopted had such unconstitutional, illegal, or invalid
section, subsection, sentence, clause, phrase or portion not been
included herein.
The Borough Council may, in its sole discretion, waive a provision
or requirement of this article under exceptional circumstances, but
only where the waiver will not distort the overall concept contained
herein and will not adversely affect the general health, safety and
welfare of the public.
