[Adopted 10-20-1987 by Ord. No. 464]
The following definitions shall apply in the interpretation
and enforcement of this part:
Any substances or materials in a quantity or form which,
in the determination of the Chief of Police or his authorized representative,
pose an unreasonable and imminent risk to the life, health or safety
of persons or property or to the ecological balance of the environment,
and shall include, but not be limited to, such substances as explosives,
radioactive materials, petroleum products or gases, poisons, etiologic
(biologic) agents, flammables, corrosives or materials listed in the
Hazardous Substances 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.
Includes any individuals, firm, corporation, association
or partnership or other legal entity.
The Borough of Sharpsburg through its various emergency services,
including, but not limited to, the Sharpsburg Volunteer Fire Company,
is authorized to respond and provide emergency services to clean up
and abate or cause to be cleaned up and abated the effects of any
hazardous substance or material released, discharged or deposited
upon or into properties or facilities within or outside the Borough
limits. Any person or persons who intentionally or by omission recklessly
or negligently release, discharge or deposit or permit the release,
discharge or deposit of any hazardous substance or material, or any
person or persons who owned or had control or custody of the hazardous
substance or material, without regard to fault, shall be liable for
all costs incurred by the Borough of Sharpsburg and other emergency
services, including, but not limited to, the Borough of Sharpsburg
Volunteer Fire Company, as a result of said cleanup or abatement activity.
The remedies provided by this section shall be in addition to any
other remedies provided by laws or ordinances of the Commonwealth
of Pennsylvania and the Borough of Sharpsburg. For purposes of this
part, costs incurred by the Borough of Sharpsburg shall include, but
not be limited to, the following: actual labor cost of Borough employees
and/or personnel; all benefits including but not limited to any bonuses,
overtime pay, or other extraordinary compensation paid; worker's compensation
benefits; administrative overhead; cost of equipment operation; cost
of fire-extinguishing agents used; cost of materials obtained directly
by the Borough; and cost of any contract labor and materials.
