[Ord. 990, passed 9-26-1988]
The Town, 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 Town or having
a direct or identifiable effect on person or property within the municipal
boundaries of the Town, 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 Town as
a result of such clean up 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 Town of McCandless.
[Ord. 990, passed 9-26-1988]
HAZARDOUS MATERIALS
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.
[Ord. 990, passed 9-26-1988]
For purposes of this article, costs incurred by the Town emergency
services shall include, but not be limited to, the following: actual
labor costs of Town personnel, including worker's 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.
[Ord. 990, passed 9-26-1988]
The authority to recover costs under this article shall not
include actual fire suppression services which are normally or usually
provided by the Fire Departments.