[Adopted 12-19-2005 as
Ch. 13 of the 2005 Code]
[Added 8-7-2017; amended
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The purpose of this article is to regulate hazardous accidents
and materials as authorized under the Hazardous Material Emergency
Planning and Response Act found at 35 P.S. § 6022.210.
As used in this article, the following terms shall have the
meanings indicated:
DANGEROUS INCIDENT
Any incident which creates a dangerous condition requiring
immediate and emergency action in order to prevent injury to persons
or damage to property, and necessitates either or both of the following
responses:
A.
The intervention of the Borough of Wyalusing Fire Department
or any other agency of the Borough or any emergency agencies or services
which may service the Borough of Wyalusing, including but not limited
to rescue squads operating in the Borough of Wyalusing.
(1)
The Borough of Wyalusing Fire Department also includes the Fire
and Rescue Volunteers, who are entitled to reimbursement for costs
for hazardous material, environmental incidents, and fire, safety,
and rescue incidents or operation responses, including vehicular accidents.
[Added 8-7-2017]
B.
The need for cleanup or abatement measures to be performed by
Borough employees or the need for any responsive action resulting
in expense to the Borough.
ENTITY
Any person, corporation, partnership or other entity engaged
in the buying, selling, storing, transferring, transporting, or manufacturing
or processing of properties, merchandise, chemicals, fuels, waste
products or any other goods or services for compensation.
HAZARDOUS ACCIDENT
Any incident that occurs as a result of the storage, transportation,
use, or manufacturing, processing or discharging of any substance
potentially dangerous to the public health and welfare at large which
necessitates either or both of the following responses:
A.
The intervention of the Borough of Wyalusing Fire Department
or any other agency of the Borough or any of the emergency agencies
or services which may assist the Borough of Wyalusing, including but
not limited to rescue squads operating in the Borough of Wyalusing.
B.
The need for cleanup or abatement measures to be performed by
Borough employees, or the need for any responsive action resulting
in expense to the Borough.
PUBLIC THOROUGHFARE
Bridges, state highways, county roads, Borough streets, any
navigable waterways or other roadways or watercourses owned by a governmental
unit, or a privately owned street, parking lot or access way to which
the public has access.
The Borough shall from time to time adopt a resolution, after
consultation with the Borough Fire Department and Borough Secretary,
to adopt a schedule of fees for personnel, material and equipment
to be reimbursed to the Borough for its activities in connection with
the cleanup operations set forth in this article. In the absence of
a resolution, the fees shall be the hourly wage of the Borough personnel
involved in the operation and an overhead rate of 32% to cover the
additional costs of the personnel and the equipment rental value as
listed in the Emergency Management Plan.
[Added 8-7-2017]
In the event that any individual section or provision within
this article shall be found invalid, the invalidity shall pertain
only to the specific section, and all other aspects of this article
shall remain in full force and effect.