[HISTORY: Adopted by the Borough Council of the Borough of
Bath as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
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").
A.
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.
B.
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.
C.
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.
A.
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.
B.
Payment shall be made to the Borough Manager within 30 days of receipt
of the bill.
A.
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.
B.
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.
C.
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.
D.
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]
