[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.
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.
Any substance regulated as a flammable liquid by the United
States Department of Transportation, by regulations found in 49 CFR
173.115.
Any substance regulated as a flammable solid by the United
States Department of Transportation by regulations found in 49 CFR
173.150.
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.
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.
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.
|
SURFACE TRANSPORT - HIGHWAYS
| |
|
1.
|
State Road, Legislative Route 2005 from Borough Line west to
Main Street.
|
|
2.
|
Main Street, Legislative Route 2005 from State Road west to
Chestnut Street.
|
|
3.
|
Chestnut Street, Legislative Route 2005 from Main Street west
to Borough Line.
|
|
4.
|
Cedar Crest Boulevard, Legislative Route 1019 from Chestnut
Street north to Borough Line.
|
|
5.
|
Dalton Street, Legislative Route 2002 from Borough Line west
to East Main Street.
|
|
6.
|
East Main Street, Legislative Route 2002 from Dalton Street
west to Main Street.
|
|
7.
|
Fourth Street, Legislative Route 2037 from Chestnut Street south
to Broad Street.
|
|
8.
|
Broad Street, Legislative Route 2037 from Fourth Street west
to Pennsylvania Avenue.
|
|
9.
|
Pennsylvania Avenue, Legislative Route 2027 from Broad Street
west to Borough Line.
|
|
10.
|
Tenth Street, Legislative Route 2027 from Chestnut Street south
to Pennsylvania Avenue.
|
|
11.
|
Fifty Street, Legislative Route 2037 from Broad Street south
to Borough Line.
|
|
SURFACE TRANSPORT - RAILROADS
| |
|
1.
|
Conrail Main Line from Borough Line to Borough Line and adjacent
sidings.
|
|
2.
|
Anthracite Line from Borough Line to Borough Line and adjacent
sidings.
|
[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.
