[Ord. 846, 12/8/2014]
The Borough Council of the Borough of Jefferson Hills, consistent
with the Pennsylvania Hazardous Material Emergency Planning and Response
Act, hereby authorizes the cleanup and recovery of the real
and reasonable response costs incurred by the Borough involving any
hazardous material response that occurs in the Borough of Jefferson
Hills.
[Ord. 846, 12/8/2014]
For purposes of this Part, the following terms shall have the
meanings indicated:
EXTREMELY HAZARDOUS SUBSTANCE
A substance appearing on the list of extremely hazardous
substances published by the Administrator of the Federal Environmental
Protection Agency under the authority of Section 302 of the Federal
Emergency Planning and Community Right-to-Know Act of 1986 (Title
III, Public Law 99-499, 42 U.S.C. § 11002), as set forth
at 40 CFR Part 355 ("Appendix A - The List of Extremely Hazardous
Substances and Their Threshold Planning Quantities"), or appearing
on any successor list of extremely hazardous substances published
by the Administrator of the Federal Environmental Protection Agency
under the authority of Section 302 of SARA, Title III.
HAZARDOUS CHEMICAL
Substances as defined within the meaning of 29 CFR 1910.1200(C),
except that the term does not include the following:
A.
Any food, food additive, color additive, drug or cosmetic regulated
by the Food and Drug Administration.
B.
Any substance present as a solid in any manufactured item to
the extent that exposure to the substance does not occur under normal
conditions of use.
C.
Any substance to the extent that it is used for personal, family
or household purposes or is present in the same form and concentration
as a product packaged for distribution and use by the general public.
D.
Any substance to the extent that it is used in a research laboratory
or a hospital or other medical facility under the direct supervision
of a technically qualified individual.
E.
Any substance to the extent that it is used in routine agricultural
operations or is a fertilizer held for sale by a retailer to the ultimate
consumer.
HAZARDOUS MATERIAL
Any of the following, as defined herein and consistent with
the Pennsylvania Hazardous Material Emergency Planning and Response
Act, or in any successor legislation:
B.
An extremely hazardous substance.
HAZARDOUS SUBSTANCE
A substance appearing on the List of Hazardous Substances
prepared under Section 102 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (Public Law 96-510, 94 Stat.
2767), as set forth at 40 CFR Part 302 ("Table 302.4 - List of Hazardous
Substances and Reportable Quantities"), or appearing on any successor
list of hazardous substances prepared under Section 102 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980.
RESPONSE COST(S)
Includes, but are not limited to, the following:
A.
Disposable materials and supplies acquired, consumed and expended
specifically for the purpose of the response to the hazardous material
release.
B.
Rental or leasing of equipment used specifically for the response,
for example, protective equipment or clothing and scientific and technical
equipment.
C.
Replacement costs for equipment that is contaminated beyond
reuse or repair during the response, for example, self-contained breathing
apparatus irretrievably contaminated during the response.
D.
Decontamination of equipment contaminated during the response.
E.
Compensation of paid employees or members of the hazardous material
response team and supporting paid or volunteer fire company or ambulance
service, to include, but not be limited to, regular and overtime pay
for permanent full-time and other-than-full-time compensated employees
or members and any benefits Pennsylvania law requires the Borough
to provide to the said persons.
F.
Special technical services specifically required for the response,
for example, costs associated with the time and efforts of technical
experts or specialists.
G.
Laboratory and testing costs for purposes of analyzing samples
or specimens taken during the response.
H.
Other special services specifically required for the response.
I.
Costs associated with the services, supplies and equipment used
to conduct an evacuation during the response.
J.
Costs associated with the removal and disposal of hazardous
materials.
K.
Medical expenses incurred as a result of response activities.
L.
Legal expenses that may be incurred as a result of the emergency
action, including efforts to recover expenses pursuant to this Part.
TOXIC CHEMICAL
A substance appearing on the list of chemicals described
in Section 313 of SARA (Title III, Public Law 99-499, 42 U.S.C. § 11023),
as set forth at 40 CFR PART 372, or appearing on any successor list
of chemicals set forth in the Code of Federal Regulations under the
authority of Section 313 of SARA, Title III.
[Ord. 846, 12/8/2014]
The Borough of Jefferson Hills is authorized to clean up or
abate or cause to be cleaned up or abated the effects of any hazardous
material(s) deposited upon or into properties or facilities within
the Borough or having a direct or identifiable effect on persons or
property within the municipal boundaries of the Borough of Jefferson
Hills, including, but not limited to, traffic control, evacuation,
relocation, substance monitoring, establishment of medical care facilities
and all other costs incurred in the mitigation of the emergency situation;
and any person or persons, partnership, corporation or corporations
who intentionally or accidentally or negligently cause such deposit
shall be liable for all response costs incurred by the Borough of
Jefferson Hills as a result of such cleanup or abatement activity.