[Ord. 68-1995, 1/3/1995, § 1]
The Township of Charlestown hereby declares as a public nuisance
and unlawful the unsafe release, discharge, or deposit of any hazardous
material or chemical within the Township of Charlestown.
[Ord. 68-1995, 1/3/1995, § 2]
1.
For purposes of this Part, "hazardous materials" shall mean any of
the following in a quantity or form which, in the determination of
the Kimberton Fire Department Chief, the East Whiteland Fire Department
Chief, the Charlestown Township Board of Supervisors or their designees,
poses an unreasonable and imminent risk to life, health or safety
of persons or property or to the ecological balance of the environment:
A.
Any substance listed in the list of toxic pollutants found in 40
CFR 401.15, as amended.
B.
Any substance designated as a hazardous material by applicable laws
of the Commonwealth of Pennsylvania.
C.
Any flammable gas, explosive, flammable liquid, flammable solid,
oxidizer, poisonous material, or radioactive material. For purposes
of this Part, the foregoing listed substances shall have the meanings
set forth in 49 CFR, Part 173.
D.
Any of the following: pyrotechnics, nonflammable compressed gas,
any flammable material, poisonous gas, poisonous liquid, irritating
material, material that causes disease in humans, gas under such pressure
that an explosion hazard exists, radioactive material, corrosive material,
or liquefied petroleum gas.
E.
In an emergency situation as determined under § 10-403, Subsection 5, hereof, any substance which in the judgment of the Kimberton or East Whiteland Fire Department Chiefs or the Township or their designees poses an unreasonable and imminent risk to life, health or safety of persons or property or the ecological balance of the environment even if testing or information received subsequent to the emergency reveals that the substance was not a hazardous material as defined in Subsection 1A through D hereinabove.
[Ord. 68-1995, 1/3/1995, § 3]
1.
The Kimberton Fire Department Chief, the East Whiteland Fire Department
Chief, the Charlestown Township Board of Supervisors or their designees
shall have the authority to notify any person or entity who releases,
discharges, or deposits a hazardous material upon or onto any property
or facilities in Charlestown Township to clean up or abate the effects
of said hazardous material. The notification shall be in writing,
specify the hazard identified, and specify a reasonable time period
within which the hazardous material must be cleaned up and/or abated.
The Fire Chiefs may take such action as is necessary to supervise
or verify the adequacy of the cleanup or abatement.
2.
Any person or entity who disagrees with the contents of the notice may appeal to the Board of Supervisors within five days of receipt of the notice. Unless an emergency situation exists as determined under Subsection 5 hereof, the order in the notice shall be stayed pending the outcome of the appeal. The Board of Supervisors may affirm, modify or reverse the order in the notice.
3.
In the event any person or entity so notified fails to clean up or
abate the hazardous material within the time period set forth in the
notice or as modified by the Board of Supervisors on appeal, the Fire
Departments and the Township are authorized to clean up or abate the
effects of the hazardous material unlawfully released, discharged
or deposited upon or onto any property or facility within the Township.
4.
The persons or entities responsible for the hazardous material shall
be liable to the Fire Departments and Township for all costs incurred
as a result of supervision or verification of the cleanup, or for
the actual cost of the cleanup incurred by the Fire Departments, the
Township and/or their agents and subcontractors.
5.
Notwithstanding anything in this Part to the contrary, the Township
and Fire Departments may immediately clean up and abate hazardous
materials without notice to any person or entity when, in the judgment
of the Township or Fire Departments, an emergency situation exists.
The costs of an emergency cleanup shall be recoverable as provided
in this Part.
[Ord. 68-1995, 1/3/1995, § 4]
For purposes of this Part, costs incurred shall include, but
shall not necessarily be limited to, the following: actual labor costs
of Fire Departments and Township personnel, including benefits and
administrative overhead; costs of equipment operation; costs of materials
obtained directly by the Township; costs of any contract labor and
materials; costs of disposal and remediation; and costs of collection
and reasonable attorneys fees. The costs incurred shall be itemized
by the Fire Departments and/or the Township and provided to the persons
or entities responsible.
[Ord. 68-1995, 1/3/1995, § 5]
For purposes of this Part, those persons and entities responsible
for the hazardous material, for cleanup and abatement of hazardous
materials, and the costs thereof, include: (1) any person or entity
whose negligent or willful act or omission cause such release, discharge
or deposit; (2) any person or entity who owned or had custody or control
of the hazardous material at the time of such release, discharge or
deposit, without regard to fault or proximate cause; (3) any person
or entity who owned or had custody or control of the container which
held such hazardous material or substance at the time of or immediately
prior to such release, discharge or deposit, without regard to fault
or proximate cause; and (4) any person or entity who owned, occupied
or had a leasehold interest in any real estate on which such hazardous
materials were located or found and whose negligence or willful act
or omission caused a release, discharge or deposit.
[Ord. 68-1995, 1/3/1995, § 6]
The costs incurred by the Township and/or Fire Departments shall
be a municipal lien against the real estate at issue and shall be
collectible as a lien or as otherwise provided by law.
[Ord. 68-1995, 1/3/1995, § 7]
The authority to recover and the liability for costs under this
Part shall not include the expense of actual fire suppression services
which are normally or usually provided by the Fire Departments; provided,
however, the expense of fire suppression services necessitated by
the effects of the hazardous material shall be recoverable under this
Part.
