[HISTORY: Adopted by the Mayor and Council of the Borough
of Wharton 7-13-2015 by Ord. No.
O-09-15.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted
as Ch. 138 but was renumbered to maintain the alphabetical organization
of the Code.
This chapter shall apply to all incidents involving hazardous
waste or hazardous materials within the boundaries of the Borough
of Wharton, and to all persons who may possess such materials found
within the Borough except as prevailing state or federal laws or regulations
may take precedence and control over any such incident or person.
For the purpose of this chapter, the following definitions apply:
The management, control, containment, recovery, removal or
neutralization of any released hazardous material for the purpose
of promoting or protecting public health or safety.
Those substances or materials in such quantity and form which
may pose an unreasonable risk to health and safety or property, which
may include, but are not limited to, explosives, radioactive materials,
etiologic agents, flammable liquids and solids, combustible liquids
or solids, poisons, oxidizing or corrosive materials, and compressed
gases which are listed by the Materials Transportation Bureau of the
United States Department of Transportation in Title 49 of the Code
of Federal Regulations, and any amendment thereto.
Any individual, corporation, partnership, trust, or other
legal entity.
Any individual, partnership, corporation, association, trust
or other entity partially or solely responsible for the release of
any hazardous material within the Borough.
Any person who manufactures or transports, or owns, uses,
handles, stores, or has the legal authority to control, hazardous
materials, specifically including their officers, directors, employees,
and agents.
Any person who causes or has knowledge of any discharge or release
of hazardous materials from their safe container, in any manner which
poses an actual or potential threat to people, animals, wildlife,
vegetation, property, or the environment, shall immediately report
the incident to the Wharton Police Department.
The user or transporter of a hazardous material which is intentionally or accidentally discharged or released within the Borough shall, in addition to reporting the accident as required by § 149-3, take immediate action to cause the discharge or release to be cleaned up in an environmentally safe and scientifically sound manner, and to restore the site and the surrounding environment.
The intentional discharge or release of a hazardous material
within the Borough of Wharton is strictly prohibited.
A.Â
Upon the completion of any cleanup in which Borough employees participated,
all costs of the cleanup, including employee costs, shall be itemized
by each Borough department involved. Such costs shall include, but
are not limited to, the cost of cleaning, repair, restoration or replacement
of any Borough material or equipment used in the cleanup, the costs
of any illness or injury sustained by any employee who participated
in the cleanup and the costs of all contracted services utilized in
the cleanup.
B.Â
Upon receipt of these itemizations (including its own), the Finance
Department shall bill the full cost of the cleanup to the responsible
party or parties. The bill shall include a description of costs incurred.
C.Â
Each responsible party shall be jointly and severally liable to the
Borough for the costs of the cleanup for which it is responsible.
Such costs may be collected by any lawful means, including, but not
limited to, appropriate court proceedings. All funds received from
responsible parties shall be forwarded to the Finance Officer for
deposit in the Town treasury. The funds, at the discretion of the
Borough Administrator, may be credited back to the budget of the participating
department up to the amount of funds expended for the incident.
D.Â
Any and all costs recovered from a responsible party shall be separate
from and in addition to any penalty that may be assessed for any violation
of any provision of this article.
A fee schedule has been developed to reimburse agencies in the
Borough of Wharton with the costs associated with hazardous materials
incidents.
The Borough Administrator, Fire Chief, Police Chief, Director
of the Department of Public Works, and Borough Treasurer of the Borough
of Wharton shall be responsible for enforcing this chapter.
Any provision of any ordinance which is inconsistent with this
chapter is hereby repealed.
If any section, subsection, sentence, clause, phrase, or part
of this chapter should be held invalid for any reason whatsoever,
such decision shall not affect the remaining portions, which shall
remain in full force and effect; and, to this end, the provisions
of this chapter are severable.
