[HISTORY: Adopted by the Borough Council of the Borough of Westmont: Art. I, 10-10-1955 as Ord. No. 285; Art. II, 6-9-1980 as Ord. No. 574. Amendments noted where applicable.]
[Adopted 10-10-1955 as Ord. No. 285]
No person shall be permitted to erect, install or operate any pump, drawing-off or measuring device or any tank or container used for the storage, handling, sale or dispensing of gasoline or any other inflammable liquid unless the following regulations are complied with:
A. 
Application shall be made, in writing, to the Borough Secretary, which shall set forth the size, location and descriptive character of the pump, drawing-off or measuring device, tank or container to be installed, erected or operated and the manner of installation. The application shall be subject to approval or disapproval by the Council of the borough as to location and number to be installed, and it must be accompanied by a certificate of approval from the Bureau of Fire Protection, Pennsylvania State Police, as to compliance with safety regulations of said Department.
[Amended 9-8-1958 by Ord. No. 329]
B. 
All gasoline tanks shall be built, constructed, located and equipped as follows:
(1) 
No single tank shall be over 4,000 gallons' capacity, and the total capacity of all tanks installed at any one location shall not exceed 13,000 gallons' capacity.
[Amended 9-8-1958 by Ord. No. 329]
(2) 
All gasoline tanks must be placed at least two feet apart.
(3) 
All gasoline tanks must be buried at least three feet below the surface of the ground and placed on a six-inch concrete base, which base shall be as long as the tank. No tanks shall be buried or backfilled with ashes, slag, cinder or other acid-forming materials.
[Amended 9-8-1958 by Ord. No. 329]
(4) 
If a gasoline tank is placed within 15 feet of a cellar, basement, pit or vault of any kind, and eight-inch concrete wall must be built around and extend six inches above the tank.
(5) 
Steel gasoline tanks must be riveted, welded or brazed.
(6) 
Filling pipe must be outside of a building and at least five feet from any doorway or opening into a building.
(7) 
Vent pipe must be at least one inch in diameter and must not terminate within three feet of any door, window or opening to a building and be at least nine feet above the surface and supported by a suitable post or building.
(8) 
No gasoline pump shall be placed within 15 feet of a fire hydrant.
(9) 
A self-closing valve must be placed at the discharge point of the tank.
(10) 
All electric wiring must pass through approved conduits.
(11) 
No curb pumps or discharge pipes shall be placed on or over any sidewalk.
(12) 
No gasoline pumps or drawing-off devices may be placed in any frame building.
(13) 
Means of fire extinguishment must be available on premises where inflammable substances are handled.
(14) 
No repairs other than minor repairs, may be made, and all selling facilities and equipment must be within the walls of the building.
(15) 
No portion of any building, or any of its equipment, including pumps, may be placed closer to the street line than 15 feet; nor may any building be erected closer to the street line than 15 feet; nor may any building be erected closer to said street line than the line fixed for buildings upon adjoining lots.
Any person who violates any provision of this Article shall, upon conviction, be sentenced to a fine not exceeding $600 plus costs of prosecution for each offense and, in default of payment of such fine and costs, imprisonment in the county jail for a term not exceeding 30 days.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Adopted 6-9-1980 as Ord. No. 574]
This Article shall be known and cited as the "Borough of Westmont Hazardous Substance Ordinance."
As used in this Article, the following terms shall have the meanings indicated:
ABATEMENT
The restoration, reclamation and recovery of a natural resource adversely affected by the activity of a person.
BOROUGH
The Borough of Westmont of the County of Cambria, Pennsylvania.
DISPOSAL
The incineration, disposition, injection, dumping, spilling, leaking or placing of hazardous substances into or on the land or water in such a manner that the hazardous substance or a constitutent of the hazardous substance enters the environment, is emitted into the air or is discharged into the waters of the borough.
HAZARDOUS SUBSTANCE
Any flammable liquid, flammable solid, oxidizing substance, corrosive liquid, compressed gas, poisonous substance, explosive, radioactive or nuclear material and any other material, including solid, liquid, semisolid or contained gaseous material, or any combination of the above, which, because of its quantity, concentration or physical, chemical or infectious characteristics, may:
A. 
Contribute to an increase in mortality or an increase in morbidity in either individual or the total population; or
B. 
Pose a present or potential hazard to human health or the environment when disposed of.
PERSON
Any individual, partnership, corporation, association, organization, institution, cooperative enterprise, federal government or agency, state institution and agency.
STORAGE
The containment of any hazardous substance on a temporary basis in such a manner as not to constitute disposal of such substance. It shall be presumed that the containment of any hazardous substance in excess of 30 days constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary; however, it shall be conclusively presumed that the storage of hazardous substances in excess of 90 days constitutes disposal; provided, however, that this definition shall not apply to the storage of petroleum products for sale by commercial gas stations, nor to the storage of petroleum products used for household heating, nor to the storage of petroleum products in an aggregate quantity of five gallons or less for personal, family or household use.
It shall be unlawful for any person to dispose or to permit the disposal of hazardous substances in the borough.
A. 
Any violation of this Article shall constitute a public nuisance.
B. 
Any person violating the Article shall be liable for the costs of abatement of any public nuisance caused by such violation. The borough may cause such work to be done as is necessary to abate the nuisance, and all labor and material and incidental expenses thereto shall be collected from said person for the use of the borough as debts are by law collectible.
C. 
In addition to any other remedies provided for in this Article, the borough may bring an action in equity in a court of competent jurisdiction for an injunction to restrain any and all violations of this Article or to restrain any public nuisance or detriment to health.
D. 
In addition to any other remedies provided for in this Article, the borough may assess a civil penalty upon a person for such violation. Such penalty may be assessed whether or not the violation was willful or negligent. The amount of such assessment shall not exceed $500.
E. 
Any person who violates any provision of this Article shall, upon conviction, be sentenced to pay a fine of not more than $600 for each offense, together with costs; and in default of the payment of such fine and costs, to undergo imprisonment in the county jail for not more than 30 days. In the case of corporations and other legal entities having officers and directors, the penalties herein may be imposed upon said directors and officers.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.