[HISTORY: Adopted by the Board of Supervisors of the Township of Washington as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-23-2010 by Ord. No. 2010-02]
No person, firm, or corporation shall transport any hazardous material, which shall mean any substance defined within the Code of Federal Regulations as a compressed gas, explosive, flammable liquid, flammable solid, oxidizer, poisonous or radioactive material, or biological waste, upon any Township of Washington ("Township") roads or highways, except for local delivery. For purposes of this section, "local delivery" shall only include the delivery or pickup of a hazardous material to or from an existing commercial or industrial facility within the Township.
Any vehicle used to transport hazardous materials anywhere within the Township shall comply with all federal and state laws and regulations pertaining thereto. All vehicles shall be maintained in a safe condition.
In the event where an accident or incident of a vehicle containing or transporting hazardous materials within the Township results in a spill or escape of such material onto Township roads, highways, property or private property, the person, firm, or corporation transporting such materials as well as the owner and cosignee of the material shall be jointly and severally responsible for its physical containment, recovery, and removal and for any costs incurred by the Township or other persons or agencies acting with the same purpose of containment, recovery, and removal from the environment. Said costs shall include, but not be limited to, the Township's labor, materials and administrative costs, as well as attorney and engineering fees that result in any way from the Township's involvement with the incident, subsequent containment, recovery, removal and collection of said costs. The person, firm, or corporation responsible for said spill or escape of hazardous materials shall indemnify and hold harmless the Township, the Fire Company, and/or any and all other persons, organizations, or agencies from any and all claims by third parties, suits, damages and losses, including but not limited to all costs and expenses and attorneys' fees incident to or rendering from any injury to any person or any damage to any property which may arise out of the Township's, the Fire Company's and/or other person's, organization's or agencies' directing or redirecting of traffic and/or rendering of services to assist in the containment, recovery, and removal of the hazardous materials.
Any person, firm, corporation or other entity who shall violate any provision of this article may, upon conviction thereof before a District Justice, have prescribed by the Board of Supervisors criminal fines not to exceed $1,000 per violation, and may have prescribed imprisonment to the extent allowed by law for the punishment of summary offenses. Each day that a violation of this article continues after notice shall constitute a separate offense. The penalties referred to in this § 58-4 of this article are in addition to the Township's recovery of costs and charges referred to in § 58-3 of this article.