[Adopted 9-22-2014 by Ord. No. 2014-2]
This article shall be known as the "Hilltown Township Recovery
of Hazardous Materials Response Costs Ordinance."
As used in this article, the following terms shall have the
meaning indicated unless a different meaning clearly appears from
the context:
HAZARDOUS CHEMICAL
Substances as defined within the meaning of 29 CFR 1910.1200(c),
except that the term does not include the following:
A.
Any food, food additive, color additive, drug or cosmetic regulated
by the Food and Drug Administration.
B.
Any substance present as a solid in any manufactured item to
the extent that exposure to the substance does not occur under normal
conditions of use.
C.
Any substance to the extent that it is used for personal, family
or household purposes or is present in the same form and concentration
as a product packaged for distribution and use by the general public.
D.
Any substance to the extent that it is used in a research laboratory
or a hospital or other medical facility under the direct supervision
of a technically qualified individual.
E.
Any substance to the extent that it is used in routine agricultural
operations or is a fertilizer held for sale by a retailer to the ultimate
consumer.
HAZARDOUS MATERIAL
Any of the following, as defined in the Act:
B.
An extremely hazardous substance.
HAZARDOUS SUBSTANCE
A substance appearing on the list of hazardous substances
prepared under Section 102 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (Public Law 96-510, 94 Sat.
2767), as set forth at 40 CFR Part 302 ("Table 302.4 — List
of Hazardous Substances and Reportable Quantities"), or appearing
on any successor list of hazardous substances prepared under Section
102 of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980.
TOWNSHIP
Hilltown Township, Bucks County, Pennsylvania.
In addition to the reimbursement of emergency service costs
as provided in this article, any person who violates this article
by failure to reimburse said costs within 60 days of the occurrence
thereof, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, shall pay a fine of not more than $1,000
plus all court costs, including reasonable attorneys' fees incurred
by the Township.
If any sentence, clause, section or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this article. It is hereby declared to be the intent of
the Township Supervisors that this article would have been adopted
had such unconstitutional, illegal or invalid sentence, clause, section
or part thereof been included herein.