[HISTORY: Adopted by the Borough Council of the Borough of Prospect Park 6-9-1992 as Ord. No. 1134, approved 6-9-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 80.
This chapter shall be known as the "Transportation and Storage of Hazardous Material Ordinance."
The following words and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except when the context clearly indicates differently:
CODE OF FEDERAL REGULATIONS (CFR)
The numbers "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 173.300.
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 States Department of Transportation by regulations found in 49 CFR 173.150.
HAZARDOUS MATERIALS
A. 
Any substance defined in this section as compressed gas, explosive, flammable liquid, flammable solid, oxidizer, poison, radioactive materials 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.
B. 
It is expressly understood by virtue of this chapter 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 chapter 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 MATERIALS
Any substance required by the United States Department of Transportation to have Type A packing 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 chapter 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 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 conditions 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, 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 in effect in Prospect Park Borough as of the date of the passage of this chapter[1] or any subsequent enactments, amendments or supplements to the National Fire Code.
[1]
Editor's Note: Section 11 of this ordinance provided that it take effect immediately.
A. 
In the event of a breakdown of a vehicle carrying hazardous materials within the Borough, accompanied by a spill or escape of such materials 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 costs 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 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 person 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 Prospect Park Borough Police Department, the Prospect Park Borough Fire Department, the office of the Borough Secretary and the Borough Emergency Management Coordinator, stating the location of the spill, the 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 Prospect Park Borough Police Department, the Prospect Park Borough Fire Department, the office of the Borough Secretary and the Borough Emergency Management Coordinator, stating the location of the spill, the 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 chapter, 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 chapter. 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.
Any person, firm or corporation violating any provision of this chapter 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.