[HISTORY: Adopted by the Borough Council of the Borough of Etna as indicated in article histories. Amendments noted where applicable.]
[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.