[HISTORY: Adopted by the Board of Supervisors of Newlin Township
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-11-1994 by Ord. No. 44-1994]
Newlin Township being a small rural Township, not having a full-time
staff and relying primarily upon the local Fire Department servicing
the Township to provide emergency services, does hereby ordain and
grant to the local Fire Department having jurisdiction certain responsibilities
as it relates to cleanup and abatement of hazardous materials deposited
upon or into the properties within the Township of Newlin.
The local Fire Department having jurisdiction is hereby authorized
to clean up or abate the effects of any hazardous material deposited
upon or into any properties within the Township of Newlin, and any
person or persons who intentionally or negligently cause such deposits
of hazardous materials shall be liable for the payment of all costs
incurred as a result of such cleanup or abatement activity. The remedies
provided by this article shall be in addition to any other remedies
provided by law.
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 local Fire Chief having jurisdiction, or
his authorized representative, poses an unreasonable and imminent
risk to 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 or
petroleum products or gases, poisons, etiologic (biologic) agents,
flammables and corrosives.
For the purposes of this article, costs incurred by the Fire
Department shall include, but shall not be limited to, the following:
actual costs of Township personnel, including workers' compensation
benefits, fringe benefits, administrative overhead, costs of equipment
operation, costs of materials obtained directly by the Township and
the cost of any waiver and materials utilized by the fire company
or any of its designated agents.
