[HISTORY: Adopted by the Board of Supervisors of the Township
of Hilltown as indicated in article histories. Amendments noted where
applicable.]
[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."
A.
Authority. Under Section 210 of the Hazardous Material Emergency
Planning and Response Act (the "Act"), 35 P.S. § 6022.210,
the Township has the authority to make rules and regulations for recovery
of hazardous materials response costs.
B.
Findings. The Township recognizes that a response to a release of
hazardous materials requires specialized emergency rescue tools and
equipment, emergency rescue materials, hazardous material abatement
equipment, hazardous abatement materials and specially trained responders.
The Township recognizes that the cost of responding to a release of
hazardous materials places a financial burden for responders which
they should be able to recover.
C.
Purpose. To grant certified hazardous materials response teams or
a supporting paid or volunteer emergency service organization, or
both, operating in Hilltown Township the authority to seek reimbursement
for the costs of responding to such incidents as provided below.
As used in this article, the following terms shall have the
meaning indicated unless a different meaning clearly appears from
the context:
Substances as defined within the meaning of 29 CFR 1910.1200(c),
except that the term does not include the following:
Any food, food additive, color additive, drug or cosmetic regulated
by the Food and Drug Administration.
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.
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.
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.
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.
Any of the following, as defined in the Act:
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.
Hilltown Township, Bucks County, Pennsylvania.
A.
General rule. A person who causes a release of hazardous materials
shall be liable for the response cost incurred by a certified hazardous
material response team or a supporting paid or volunteer emergency
service organization, or both. The Commonwealth agency, local agency,
regional hazardous material organization, volunteer emergency service
organization, or hazardous material transporter, manufacturer, supplier
or user that organized the certified hazardous material response team,
as identified on the team certification, or undertakes a response
action may recover those response costs in law or an action in equity
brought before a court of competent jurisdiction or may proceed by
arbitration under the provisions of subsection (d) of Section 210
of the Act, 35 P.S. § 6022.210(d). Should more than one
certified hazardous material response team incur response costs for
the same hazardous material release or incident, the organizing entities
of those certified hazardous material response teams may file a joint
action in law or equity and may designate no entity to represent the
others in the lawsuit.
B.
Amount. In an action to recover response costs, an Emergency Service
Organization may recover operational, administrative, personnel and
legal costs incurred from the time of its initial response action
upon to the time that it recovers its costs; provided, however, that
no residential homeowner (not including owners of multifamily residential
buildings with more than two units) shall be responsible to pay the
response costs in excess of their insurance company/carrier's
policy limits and in the case of a Volunteer Fire Department, only
the fire department in whose service area the release occurs may bill
for its response costs unless the costs arise from criminal activity.
C.
Response costs include, but are not limited to, the following:
(1)
Disposable materials and supplies acquired, consumed and expended
specifically for the purpose of the response to the hazardous material
release.
(2)
Rental or leasing of equipment used specifically for the response,
for example, protective equipment or clothing and scientific and technical
equipment.
(3)
Replacement costs for equipment that is contaminated beyond reuse
or repair during the response, for example, self-contained breathing
apparatus irretrievably contaminated during the response.
(4)
Decontamination of equipment contaminated during the response.
(5)
Compensation of paid employees or members of the hazardous material
response team and supporting paid or volunteer emergency service organization,
to include regular and overtime pay for permanent full-time and other
than full-time compensated employees or members.
(6)
Special technical services specifically required for the response,
for example, costs associated with the time and efforts of technical
experts or specialists.
(7)
Laboratory and testing costs for purposes of analyzing samples or
specimens taken during the response.
(8)
Other special services specifically required for the response, for
example, utility costs.
(9)
Costs associated with the services, supplies and equipment used to
conduct an evacuation during the response.
(10)
Costs associated with the removal and disposal of hazardous materials.
(11)
Legal costs incurred from the initial response action up to the time
that it recovers its costs.
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.
