[HISTORY: Adopted by the Borough Council of the Borough of
Green Tree as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-10-1989 by Ord. No. 1140 (Ch. 1070 of the 1982
Code)]
The Borough of Green Tree, through its various emergency services,
is authorized to clean up or abate, or cause to be cleaned up or abated,
the effects of any hazardous materials or substances deposited upon
or into properties or facilities within the municipal boundaries of
the Borough of Green Tree, or having a direct or identifiable effect
on person or property within the municipal boundaries of the Borough
of Green Tree, including, but not limited to, traffic control, evacuation,
relocation, substance monitoring, establishment of medical care facilities,
and all other costs incurred in the mitigation of the emergency situation.
Any person, partnership or corporation who or which intentionally,
accidentally or negligently causes such deposit shall be liable for
all costs incurred by the Borough of Green Tree as a result of such
cleanup or abatement activity. The remedy provided by this article
shall be in addition to any other remedies provided by other laws
or ordinances of the Commonwealth of Pennsylvania and the Borough
of Green Tree.
For purposes of this article, "hazardous materials" means any
substances or materials in a quantity or form which, in the determination
of the Emergency Management Coordinator or his or her authorized representative,
poses an unreasonable and imminent risk to the life, health or safety
of persons or property or to the ecological balance of the environment,
and shall include, but not be limited to, such substances as explosives,
radioactive materials, petroleum products or gases, poisons, etiologic
(biologic) agents, flammables, corrosives or materials listed on the
Hazardous Substances List of the Pennsylvania Department of Labor
and Industry.
For purposes of this article, costs incurred by the Borough
of Green Tree shall include, but not be limited to, the following:
actual labor cost of Borough personnel, including workers' compensation
benefits, fringe benefits, administrative overhead, cost of equipment
operation, cost of special fire-extinguishing agents used and cost
of any contracted labor and materials.
The authority to recover costs under this article shall not
include fire-suppression services which are normally or usually provided
by the Fire Department.
