[Ord. 309, 9/1/1993, § 1]
1.
The Township has determined that the release, deliberately or accidentally,
of any hazardous materials or deposits onto or upon properties or
facilities within the service area of police, fire and other emergency
services of the Township, create situations which must be immediately
responded to and corrected.
2.
The Board of Supervisors of the Township is desirous of protecting
the safety and welfare of the residents of the community and of emergency
response personnel, and of obtaining expense reimbursement.
[Ord. 309, 9/1/1993, § 2]
1.
Hazardous materials or substances are defined for the purpose of
this Part as any material or substance which is determined by the
Township Emergency Management Coordinator or any person in charge
of police, fire or emergency services provided through the Township
or through any volunteer emergency service organization recognized
by the Township, or their authorized representatives to pose an unreasonable
or imminent risk to the life, health or safety of persons or property,
and shall include, but not be limited to, such substances as gasoline,
oil, vehicular fluids, explosives, radioactive materials, petroleum
products or gases, poisons, etiologic (biologic) agents, flammables,
corrosives or materials listed in the hazardous substance list of
the Pennsylvania Department of Labor and Industry, the Solid Waste
Management Act, 35 P.S. § 6018.103, and the Worker and Community
Right-to-Know Act, 35 P.S. § 7303, and hazardous materials
as defined at 35 P.S. § 6022.103, the Hazardous Materials
Emergency Planning and Response Act.
2.
Person shall mean and include any individual, firm, corporation,
association or partnership or other legal entity.
[Ord. 309, 9/1/1993, § 3]
The Township of Harmar hereby authorizes and directs its various
emergency services, Township employees or any other persons employed
by the Township for such purposes or any volunteer emergency services
organization recognized by the Township to take reasonable steps to
clean up, or abate, or cause to be cleaned up or abated, any hazardous
materials or substances released within the service area of the Township
police. The reasonable steps to be taken shall include, without limitation,
providing traffic control, evacuation, relocation, substance monitoring,
establishment of medical care facilities and to recovering from any
persons responsible for the release of such hazardous materials or
substances, any and all costs incurred in carrying out such steps
to clean up and abate. Any person or persons who intentionally or
accidentally or negligently caused such release shall be liable for
all costs of clean up and abatement incurred by the Township of Harmar
or any volunteer emergency services organization recognized by the
Township in the clean up or abatement activities. For purposes of
this Part, "release" shall include any spilling, leaking, pumping,
pouring, emitting, emptying, discharging, injecting, escaping, leaching,
dumping or disposing into the environment, including, but not limited
to, the abandonment or discarding of barrels, containers and other
receptacles containing a hazardous material. The remedies provided
by this Part shall be in addition to all other remedies provided by
other laws or ordinances of the Commonwealth of Pennsylvania and the
Township.
[Ord. 309, 9/1/1993, § 4]
For purposes of this Part, "costs of clean up and abatement"
shall include, but are not limited to, actual labor cost of Township
personnel, including workman's compensation benefits, fringe
benefits, administrative overhead, cost of equipment operation, cost
of special cleaning or containment agents or fire extinguishing agents
used and cost of any contracted labor and materials; and further,
it shall include any costs incurred by volunteer fire companies, emergency
medical companies, the Department of Police of the Township, and any
other agency or contractor engaged in the abating or cleaning up activities,
including, but not limited to, all "response costs" as defined at
35 P.S. § 6022.210(c), excepting however, costs of actual
fire suppression services which are routinely provided.
[Ord. 309, 9/1/1993, § 5; as amended by A.O.]
A charge in an amount as established, from time to time, by
resolution of the Board of Supervisors, shall be assessed for vehicle
extrication services provided by the Harmar Township Volunteer Fire
Department No. 1, which involve use of the Hurst tool or jaws of life.
This charge shall be payable by the person extricated.
