[Ord. 685, 10/5/1987, § I]
This Part shall be known as the Transportation of Hazardous Material Ordinance.
[Ord. 685, 10/5/1987, § II]
The following words or phrases when used in this Part shall have the meaning ascribed to them in this section, except when the context clearly indicates differently.
- The code of federal regulations. The numbers immediately preceding and immediately following the initials CFR shall refer to the volume, divisions and sections used to identify parts of the Code of Federal Regulations.
- COMPRESSED GAS
- Any substance regulated as a compressed gas by the United States Department of Transportation by regulations found in 49 CFR 173.300.
- Any substance regulated as a class A explosive or as a class B explosive by the United States Department of Transportation, by regulations found in 49 CFR 173.53 and 49 CFR 173.88.
- FLAMMABLE LIQUID
- Any substance regulated as a flammable liquid by the United States Department of Transportation, by regulations found in 49 CFR 173.115.
- FLAMMABLE SOLID
- Any substance regulated as a flammable solid by the United States Department of Transportation by regulations found in 49 CFR 173.150.
- HAZARDOUS MATERIAL
- Any substance defined in this section as a compressed gas, explosive, flammable liquid, flammable solid, oxidizer, poisonous or radioactive material and biological waste.
- Any substance regulated as an oxidiser by the United States Department of Transportation by regulations found in 49 CFR 173.151.
- Any liquid or gas that is life threatening when mixed with air in small amounts, and shall also include all those substances regulated as poison A by the United States Department Transportation by regulations found in 49 CFR 173.326.
- RADIOACTIVE MATERIAL
- Any substance required by the United States Department of Transportation to have type A packaging or type B packaging, under regulations found in 49 CFR 173.426.
- TRANSPORT CARRIER
- Any mode or conveyance moving on land upon wheels.
[Ord. 685, 10/5/1987, § III]
The regulations set out in this Part shall not apply to any transport carrier carrying no hazardous material except flammable liquid in a container or containers having a total capacity of not over 110 gallons or 41.635 dekaliters by volume.
[Ord. 685, 10/5/1987, § IV]
No person, firm or corporation shall transport any hazardous material through the Borough except over routes indicated as permitted routes identified below. Deliveries to destinations in the Borough shall be made by following permitted routes to the point where the least amount to travel off a permitted route will be needed to reach the destination, and by going to the destination and returning to the permitted route or routes by the method requiring the shortest travel distance off permitted routes.
[Ord. 685, 10/5/1987, § V]
No hazardous material will be carrier on any permitted route for delivery in any transport carrier larger than a tractor with one trailer upon streets and roads, nor larger than a railroad tank car upon railroad lines.
[Ord. 685, 10/5/1987, § VI]
Any transport carrier used to transport hazardous materials anywhere in the Borough shall comply with all federal and state laws and regulations. All transport carriers shall be maintained in a safe condition.
[Ord. 685, 10/5/1987, § VII]
In the event breakdown of a transport carrier containing hazardous materials within the Borough resulting in spill or escape of such material onto Borough streets or private property, the person, firm, or corporation transporting such material as well as the owners and consignee of the material shall be jointly and severally responsible for its physical containment, recovery and removal and for any costs incurred by the Borough or other responsible persons or agencies acting with the same purpose of containment recovery and removal from the environment.
[Ord. 685, 10/5/1987, § VIII]
Signs shall be posted to inform the public of the permitted routes for hazardous materials. The Emmaus Police Department shall keep on hand copies of maps showing permitted routes for hazardous materials, and these maps shall be distributed free upon requests.
[Ord. 685, 10/5/1987, § IX]
The provisions of this Part are severable, and, should any part be held invalid, such invalidity shall not affect the rest of the Part.
[Ord. 685, 10/5/1987, § X]
Any person, firm, or corporation violating any provision of this Part shall be fined not less than $1,000 nor more than $10,000 for each offense, and a separate offense shall be deemed committed on each day on which a violation occurs or continues.