[HISTORY: Adopted by the City Council of the City of Farrell 6-22-1998 by Ord. No. O-8-1998. Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
As used in this chapter, the following terms shall have the meanings indicated:
CITY
The City of Farrell, Mercer County, Pennsylvania.
DIRECTOR
The Director of Public Safety or in lieu thereof, the City's designated Code or Health Officer, a/k/a "designated official or the designee of same."
HAZARDOUS MATERIALS
Also defined as "hazardous substance," both to be any substance or a material in a quantity or form which, in the determination of the City's designated official or his or her authorized representative, poses an unreasonable and immediate risk to the life, health, or safety or any person or property or to the ecological balance of the environment, and shall be deemed to include, but not be limited to, substances which are explosive, flammable, radioactive, corrosive, or such that may for any other reason be listed as a hazardous substance by the Pennsylvania Department of Labor and Industry or any federal regulatory agency which oversees hazardous materials or hazardous substances.
PERSON
Any individual, partnership, corporation, joint venture or any other legal entity.
The Director or his or her designee is herewith authorized and directed to clean up and/or abate or cause to be cleaned up and/or abated any spill or deposit, or the effects of any spill or deposit of any hazardous materials or substances existent upon, or threatening any properties or facilities within the municipal boundaries of the City of Farrell. Property shall include all public and private roads, streets, alleys, sidewalks and other lands and/or facilities that may be designated for the use of persons other than the owner or licensees thereof.
Any person or persons who cause, facilitate, or participate in the deposit or spillage of any hazardous material upon any property or facility within the City of Farrell, or the owner of any such property having actual knowledge of same, shall be jointly and severally liable therefor, regardless of fault, negligence or degree of participation. Costs incurred by the City of Farrell in the clean up or abatement as hereinbefore provided shall be at a rate or rates as herein established but which may be amended by Council from time to time by resolution. Said costs shall be determined in such a manner as to reimburse the City of its actual costs of labor, including fringe benefit costs and administrative costs, as well as the actual costs of materials and/or supplies actually expended or used in the clean up or abatement proceedings.