Borough of West Mifflin, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of West Mifflin as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 126.
Sewers and sewage disposal — See Ch. 220.
Solid waste — See Ch. 235.
[Adopted 5-17-1988 by Ord. No. 940 (Ch. 10, Part 3, of the 1999 Code of Ordinances)]
The provisions of this article shall be applicable in addition to any other applicable provisions of any statute, any other ordinance, code or regulation. The interpretation of the requirements of this article is intended to be such that whenever these requirements are at variance with any other lawfully adopted rules, regulations, ordinances, deed restrictions, covenants or statutes, the most restrictive requirement(s) shall govern.
As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL OR INDUSTRIAL STRUCTURE OR PREMISES
Any realty and/or building used for or in furtherance of any commercial or industrial purpose, regardless of the zoning.
DANGEROUS OR TOXIC SUBSTANCES OR MATERIALS
Any chemical material, whether solid, liquid or gaseous, which is considered dangerous to human life, including, but not limited to, the following:
A. 
Acetone.
B. 
Ammonia.
C. 
Benzene.
D. 
Calcium carbide.
E. 
Carbon disulfide.
F. 
Celluloid.
G. 
Chlorine.
H. 
Hydrochloric acid.
I. 
Hydrocyanic acid.
J. 
Magnesium.
K. 
Nitric acid and oxides of nitrogen.
L. 
Petroleum products (gasoline, fuel, oil, paint thinners, solvents, by-products for the manufacturing of plastics, fiberglass, etc.).
M. 
Phosphorus.
N. 
Potassium.
O. 
Sodium.
P. 
Sulphur and sulphur products.
Q. 
Pesticides (which shall include, but not be limited to, insecticides, fungicides and rodenticides).
R. 
Radioactive substances.
S. 
Asbestos.
T. 
Any other substance or material which has been identified as dangerous and hazardous to humans and animals, even if said substance or material is not dangerous in an inert state, but is potentially dangerous if said substance or material undergoes a chemical change or metamorphosis when exposed to heat, water, or any other elements which may occur during a fire or other natural or man-made disaster.
LESSEE
Any person who has a leasehold interest in any realty within the Borough of West Mifflin, whether the original lessee or a subtenant.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any commercial or industrial realty or any realty which is used for or in furtherance of a commercial or industrial enterprise, situate in the Borough of West Mifflin.
PERSON
Any individual, partnership, company, association, corporation, unincorporated association, or any other group or entity.
Any person, owner, lessee, agent or employee of any person, owner or lessee, jointly and severally, who owns, leases, maintains or controls any industrial or commercial structure or premises shall, on or before July 30, 1988, submit to the Building Inspector's office of the Borough of West Mifflin a list of all dangerous or toxic substances or materials stored, produced or manufactured upon or under the structure or premises, together with a floor plan and/or plot plan which identifies the area or location where said dangerous or toxic substances are located. After the initial filing of said list, it shall be the duty of the aforesaid persons, owner, lessee, agent or employee as heretofore identified to update and file with the Building Inspector's office an amended list of dangerous or toxic substances or materials, together with the required floor plan and/or plot plan, whenever there are additions or deletions to the existing list of dangerous or toxic substances or materials or whenever the location of said substance or material is relocated. All subsequent filings are due simultaneously with any changes to the original list, floor plan and/or plot plan filed.
The Building Inspector shall not issue or renew any occupancy permit for commercial or industrial structures or premises that have not complied with the requirement of filing for dangerous or toxic substances or materials as required by this article.
[Amended 3-16-1999 by Ord. No. 1094]
Any person violating any of the provisions of this article, or aiding, abetting or assisting in the violation thereof, shall, upon conviction, be sentenced to pay a fine of not more than $600, and costs of prosecution, for each offense, and, in default of the payment of such fine and costs of prosecution, shall be imprisoned for a period not exceeding 30 days. Each day that a violation is permitted to exist after notification, in writing, of such violation shall constitute a separate offense.
[Adopted 9-21-1993 by Ord. No. 1002 (Ch. 10, Part 7, of the 1999 Code of Ordinances)]
The Borough of West Mifflin, through its various emergency services and with its employees, servants and agents, 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 facilities or in public or private property of the municipal boundaries of the Borough of West Mifflin, or which have a direct or identifiable effect on person or property within the municipal boundaries of the Borough of West Mifflin, 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 emergency situations, and any person or persons, partnership, corporation or corporations who intentionally or accidentally or negligently caused such deposit of any toxic, hazardous or chemical substance or material shall be liable for all costs incurred by the Borough of West Mifflin, the West Mifflin Volunteer Fire Companies, Emergency Ambulance Service, or any other emergency service organizations as a result of such cleanup or for said 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 West Mifflin.
As used in this article, the following terms shall have the meanings indicated:
HAZARDOUS SUBSTANCES OR MATERIALS
Any substances or materials in a quantity or form which, in the determination of the Emergency Management Coordinator or his authorized representative, poses an unreasonable and imminent risk of 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 any material or substance set forth in the hazardous substances list of the Pennsylvania Department of Labor and Industry.
For purposes of this article, costs incurred by either the Borough of West Mifflin or the Borough's emergency services organizations shall include, but not be limited to, the following: the labor cost of 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, including equipment rental fees.
The authority to cover costs under § 148-8 shall not include actual fire-suppression services which are normally or usually provided by the Fire Department.