[HISTORY: Adopted by the Borough Council of the Borough of
Walnutport as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-10-1990 by Ord. No. 90-6 (Ch. 10, Part 4, of the
1983 Code of Ordinances)]
No person shall, directly or indirectly, cause or permit any
spill, release, discharge, emanation, or issuance of any chemical,
petroleum product, gas, industrial waste or any other materials which
may create a hazard, risk or peril to the health, safety or welfare
of the Borough, its residents or the general public.
A.
The person responsible for the spill, release, discharge, emanation or issuance of any of the substances described in § 226-1 hereof, as well as the owner of such released substance(s), shall be liable to the Borough for the maintenance, use and replacement of any equipment, labor or materials used by the Borough or any agent thereof, to abate, extinguish, resolve, curb, contain, clear up, control or alleviate the effect of said spill, release, discharge, emanation or issuance.
B.
For the purpose of this article, the phrase "equipment, labor and
materials" shall include, but not be limited to, foam, dry chemicals,
sand, absorbents, equipment contaminated or beyond repair, and other
equipment, labor or materials deemed necessary by the Borough or the
emergency unit responding to abate the situation or condition.
C.
For the purposes of this article, the term "person" shall mean any
individual, partnership, corporation, association, institution, cooperative
enterprise, municipality, municipal authority, or any other legal
entity whosoever which is recognized by law as the subject of rights
and duties.
A.
The Borough Secretary or other person designated by the Borough Council
shall determine the cost of the maintenance, use and replacement of
the equipment, labor and materials used or required as stated hereinbefore
and shall assess such costs against the owner and the responsible
person. A bill therefore shall be sent by certified mail, return receipt
requested, to the owner and other responsible persons.
B.
Payment shall be made to the Borough Secretary within 30 days of
receipt of the bill.
A.
In the event that any person shall have violated any provision of
this article, including failure to make timely or complete payment,
the Borough may institute an appropriate action or proceeding to collect
the same.
B.
Any person who has violated any provision of this article shall receive
a citation which sets forth those provisions of this article which
were violated. A hearing thereon shall be held before the Magisterial
District Judge, and upon a finding of guilty, a fine shall be levied
not exceeding $1,000, together with costs of prosecution.
C.
Each day that the required complete payment has not been tendered
shall be deemed a separate offense.
