[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,[1] 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.
[1]
Editor's Note: See 35 P.S. § 6022.101 et seq.
[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:
A. 
A hazardous substance.
B. 
An extremely hazardous substance.
C. 
A hazardous chemical.
D. 
A toxic chemical.
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.
[Ord. 846, 12/8/2014]
1. 
Itemization of Response Costs. Borough of Jefferson Hills personnel involved in a hazardous materials response shall keep an itemized record of response costs resulting from a hazardous material response. Promptly after completion of an emergency action, the appropriate Borough personnel shall certify the response costs to the Borough Manager.
2. 
Submission of Response Costs Claim. The Borough shall submit by certified mail a written, itemized claim for the total response costs incurred by the Borough for the emergency action to the responsible person(s) and a written notice that, unless the amounts are paid in full within 30 days after the date of mailing of the claim and notice, the Borough will file a civil action seeking recovery for the stated amount.
3. 
Civil Suit. The Borough may bring a civil action for recovery of the response costs against any and all persons causing or responsible for the hazardous materials response action.
4. 
The remedy provided by this Part shall be in addition to any other remedies provided by other laws or ordinances of the Commonwealth of Pennsylvania, all acts of the government of the United States and the Borough of Jefferson Hills.