[HISTORY: Adopted by the Borough Council of the Borough of
Oakdale as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Ch. 10, Part 1, of the 1995 Code of Ordinances]
The Borough of Oakdale, through its various emergency services,
is authorized to clean up or abate, or cause to be cleaned up or abated,
the effects of any hazardous materials or substances deposited upon
or into properties or facilities within the municipal boundaries of
the Borough of Oakdale or having a direct or identifiable effect on
persons or property within the municipal boundaries of the Borough
of Oakdale, including, but not limited to, traffic control, evacuation,
relocation, substance monitoring, establishment of medical care facilities
and all other costs incurred in the mitigation of an emergency situation;
and any person or persons, partnership, corporation or corporations
who intentionally or accidentally or negligently caused such deposit
shall be liable to the extent permitted by law for all costs incurred
by the Borough of Oakdale as a result of such cleanup or abatement
activity. The remedy provided by this article shall be in addition
to any other remedies provided by other laws or ordinances of the
Commonwealth of Pennsylvania and the Borough of Oakdale.
As used in this article, the following terms shall have the
meanings indicated:
Any substance or materials in a quantity or form which, in
the determination of the Emergency Management Coordinator or his authorized
representative, poses 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 substance list of the Pennsylvania
Department of Labor and Industry.
For the purpose of this article, costs incurred by the Borough
of Oakdale Emergency Services shall include, but not limited to, the
following: actual labor costs of Borough personnel, including workers'
compensation benefits, fringe benefits, administrative overhead, cost
of equipment operation, cost of special fire extinguishing agents
used and cost of any contracted or subsidized labor and materials.
