[HISTORY: Adopted by the Borough Council of the Borough of Bath as indicated in article histories. Amendments noted where applicable.]
Solid waste — See Ch. 535.
[Adopted 8-3-1998 by Ord. No. 521 (Ch. 101 of the 2005 Code of Ordinances)]
No person shall, directly or indirectly, cause or permit any spill, release, discharge, emanation or issuance of any chemical, petroleum product, gas, industrial waste or any other materials which may create a hazard, risk, or peril to the health, safety or welfare of the Borough of Bath, its residents or the general public (together, the "hazardous substances").
The person responsible for the spill, release, discharge, emanation or issuance of any of the Hazardous Substances as well as the owner of such released hazardous substance(s) shall be liable to the Borough for the maintenance, use and replacement of any equipment, labor or materials used by the Borough, or any agent thereof, including volunteer fire companies, and other emergency service providers, to abate, extinguish, resolve, curb, contain, clean up, control or alleviate the effects of said spill, release, discharge, emanation or issuance.
For the purpose of this chapter, the phrase "equipment, labor and materials" shall include, but not be limited to, foam, dry chemicals, sand, absorbents, equipment contaminated or beyond repair, and other equipment, labor or materials deemed necessary by the Borough or the emergency unit responding to abate the situation or condition.
For the purposes of this chapter, the term "person" shall mean any individual, partnership, limited partnership, corporation, association, institution, cooperative enterprise, limited liability company or partnership, municipality, municipal authority, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
The Borough Manager or other person designated by Borough Council shall determine the cost of the maintenance, use and replacement of the equipment, labor materials used or required as stated hereinbefore and shall assess such cost against the owner and the responsible person. A bill therefor shall be sent by certified mail, return receipt requested, to the owner and other responsible persons.
Payment shall be made to the Borough Manager within 30 days of receipt of the bill.
In the event that any person shall have violated any provision of this chapter, including failure to make timely or complete payment, the Borough may institute any appropriate action or proceeding to collect the same.
Any person who has violated any provision of this chapter shall receive a citation which sets forth those provisions of this chapter which were violated. A hearing thereon shall be held before the Magisterial District Judge, and upon a finding of guilty, a fine shall be levied not exceeding $1,000, together with costs of prosecution.
Each day that the required complete payment has not been tendered shall be deemed a separate offense, and payment of any fine levied in accordance with § 342-4B shall not satisfy any unpaid portions of such assessment.
In addition, court costs and reasonable attorney fees incurred by the Borough in enforcement proceedings shall be assessed against violator and awarded to the Borough.
[Added 11-5-2018 by Ord. No. 2018-678]