Township of West Nantmeal, PA Hazardous Materials

Any substance or hazardous substance in a quantity or form which, in the determination of the Fire Chief of the Glenmoore Fire Company, the Twin Valley Fire Department or any other fire company that is authorized to respond to an emergency call in West Nantmeal Township, or their authorized representatives, poses an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, including the following substances:

Any substance listed in the list of toxic pollutants found in 40 CFR 401.15;

Any substance designated as a hazardous material in the Pennsylvania Hazardous Material Emergency Planning and Response Act, 35 P.S. § 6022.101 et seq., or other applicable law of the Commonwealth of Pennsylvania;

Any compressed gas, explosive, flammable liquid, flammable solid, oxidizer, poison or radioactive material, all as defined in 49 CFR Part 173;[1]

Hazardous waste, municipal waste, residual waste and solid waste, all as defined in the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101 et seq.;

Any hazardous substance or hazardous waste as defined in the Pennsylvania Hazardous Sites Cleanup Act, 35 P.S. § 6020.101 et seq.

Regulated substances as defined in the Pennsylvania Storage Tank and Spill Prevention Act, 35 P.S. § 6021.101 et seq.;

Any other explosive, pyrotechnic material, flammable gas, flammable compressed gas, nonflammable compressed gas, flammable liquid, oxidizing material, flammable material, poisonous gas, poisonous liquid, irritating material, material that may cause disease in humans, gas under such pressure that an explosion hazard exists, radioactive material, corrosive metal, or liquefied petroleum gas, not otherwise defined above.

RELEASE

Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment, including private and/or public property, of a hazardous material, including but not limited to the abandonment or discarding of barrels, containers or other receptacles containing a hazardous material.

RESPONSE

Any action taken in the event of a release of a hazardous material into the environment to contain, minimize, abate, eliminate and/or dispose of the released hazardous material.

RESPONSE COSTS

Any monies, expenses, fees or other costs incurred by Glenmoore Fire Company, Twin Valley Fire Department, any other fire company authorized to respond to an emergency in West Nantmeal Township and/or West Nantmeal Township and related to the response of such fire companies to a release of a hazardous material, including costs incurred for the following:

Disposable materials and supplies acquired, consumed and expended specifically for the purpose of the response to the hazardous material release;

Rental or leasing of equipment used specifically for the response, for example, protective equipment or clothing and scientific and technical equipment;

Replacement costs for equipment that is contaminated beyond reuse or repair during the response, for example, self-contained breathing apparatus irretrievably contaminated during a response, or decontamination of equipment contaminated during the response;

Compensation of paid employees or members of Glenmoore Fire Company, Twin Valley Fire Department or any other fire company authorized to respond to an emergency in West Nantmeal Township, responding to the release of a hazardous material, such compensation to include regular and overtime pay for permanent full-time and other than full-time employees or members;

Special technical services specifically required for the response, for example, costs associated with the time and efforts of technical experts or specialists;

Laboratory and testing costs for purposes of analyzing samples or specimens taken during the response;

Other specialty services specifically required for the response, for example, utility costs;

Costs associated with the services, supplies and equipment used to conduct an evacuation during the response;

Costs associated with the containment, removal and disposal of hazardous materials;

Any other costs incurred by West Nantmeal Township, Glenmoore Fire Company, Twin Valley Fire Department and/or any other fire company authorized to respond to an emergency in West Nantmeal Township which relate in any way to the response of the respective fire company to the release of a hazardous material.

[1]

Editor's Note: Original Subsection (d), regarding refuse, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 103-3 Authorization to respond.

Glenmoore Fire Company and Twin Valley Fire Department, being local fire departments having jurisdiction over West Nantmeal Township, are hereby authorized to provide an appropriate response to the release of any hazardous material deposited upon or into any public and/or private property or any waters of the commonwealth located within West Nantmeal Township.

§ 103-4 Persons liable for response costs.

Any person or entity who intentionally, negligently or nonnegligently causes a release of a hazardous material within West Nantmeal Township shall be liable for the payment of all response costs which pertain to such release.

§ 103-5 Unlawful acts.

It shall be illegal within West Nantmeal Township for any person or entity to refuse to pay the response costs expended by Glenmoore Fire Company, Twin Valley Fire Department, any other fire company authorized to respond to an emergency in West Nantmeal Township and/or West Nantmeal Township in response to a release of a hazardous material when that person intentionally, negligently or nonnegligently caused such release and has been billed for payment of such costs. A person or entity shall be presumed to have refused to pay billed response costs if payment of the billed costs is not made in full within 30 days following receipt of the bill. Each day a person or entity refuses to pay billed costs after the 30th day following the receipt of the billed costs shall constitute a separate violation under this article.

§ 103-6 Violations and penalties.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person or entity who shall violate any provision of this article shall, upon being found liable therefor in a civil enforcement proceeding, pay all response costs billed by Glenmoore Fire Company, Twin Valley Fire Department, any other fire company authorized to respond to an emergency in West Nantmeal Township, and/or West Nantmeal Township which have not yet been paid, and shall pay a fine not to exceed $600, plus all court costs, including any reasonable attorneys' fees incurred by West Nantmeal Township. The penalty provided in this section shall be in addition to any other remedies available to West Nantmeal Township as provided at law and equity.

§ 103-7 Municipal lien.

In addition to the penalties provided in this article and all others available at law and equity, West Nantmeal Township may file a municipal lien against the real property of any person or entity refusing to pay all or part of any billed response costs required to be paid by this article.