[Adopted 7-20-1993 by Ord. No. 1228]
The Borough of Etna through its various emergency services is
authorized to clean up, dispose or abate, or cause to be cleaned up,
disposed 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 Etna or having a direct or identifiable
effect on person or property within the municipal boundaries of the
Borough of Etna, 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 the emergency situation;
and any person or persons, partnership, corporation or corporations
who intentionally or accidentally or negligently caused such deposit
shall be liable for all costs incurred by the Borough of Etna as a
result of such cleanup, disposal or abatement activity. The remedy
provided by this chapter shall be in addition to any other remedies
provided by other laws or ordinances of the Commonwealth of Pennsylvania
and the Borough of Etna.
For the purpose of this chapter, "hazardous materials" shall
be defined as any substances 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 Substances List of
the Pennsylvania Department of Labor and Industry.
For the purposes of this chapter, costs incurred by the Borough
of Etna in obtaining emergency services shall include, but not be
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 labor and materials.
The authority to recover costs under this chapter shall not
include actual fire-suppression services which are normally or usually
provided by the Fire Department.
Any ordinance or resolution or part of any ordinance or resolution
conflicting with the provisions of this chapter is rescinded insofar
as the conflict exists.
The provisions of this chapter are severable and, if any of
its provisions shall be held invalid, illegal or unconstitutional,
such decision shall not affect or impair any of the remaining provisions
of this chapter. It is hereby declared to be the intention of the
Board of Supervisors that this chapter would have been adopted if
such invalid, illegal or unconstitutional provisions had not been
included herein.