[HISTORY: Adopted by the Borough Council of the Borough of
West Mifflin as indicated in article histories. Amendments noted where
applicable.]
[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:
Any realty and/or building used for or in furtherance of
any commercial or industrial purpose, regardless of the zoning.
Any chemical material, whether solid, liquid or gaseous,
which is considered dangerous to human life, including, but not limited
to, the following:
Acetone.
Ammonia.
Benzene.
Calcium carbide.
Carbon disulfide.
Celluloid.
Chlorine.
Hydrochloric acid.
Hydrocyanic acid.
Magnesium.
Nitric acid and oxides of nitrogen.
Petroleum products (gasoline, fuel, oil, paint thinners, solvents,
by-products for the manufacturing of plastics, fiberglass, etc.).
Phosphorus.
Potassium.
Sodium.
Sulphur and sulphur products.
Pesticides (which shall include, but not be limited to, insecticides,
fungicides and rodenticides).
Radioactive substances.
Asbestos.
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.
Any person who has a leasehold interest in any realty within
the Borough of West Mifflin, whether the original lessee or a subtenant.
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.
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:
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.
