Borough of Plymouth, PA
Luzerne County
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Table of Contents
Table of Contents
[Adopted by the Borough Council of the Borough of Plymouth as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-10-1983 by Ord. No. 8-1983]
Hazards of materials on premises in the Borough of Plymouth shall be identified by color and order of severity indicated numerically on placards made of metal or plastic 18 inches by 18 inches in size and paid for and installed by the owner or occupant of the premises on the exterior of any structure containing the same.
A. 
Identification of the health hazard shall be made on placards, indicated hereinbefore, which are blue in color and marked numerically as to severity as follows:
(1) 
Materials which on very short exposure could cause death or major residual injury, even though prompt medical treatment is given, are to be marked "No. 4."
(2) 
Materials which on short exposure could cause serious temporary or residual injury, even though prompt medical treatment is given, are to be marked "No. 3."
(3) 
Materials which on intense or continued exposure could cause temporary incapacity or possible residual injury, unless prompt medical treatment is given, are to be marked "No. 2."
(4) 
Materials which on exposure could cause irritation but only minor residual injury, even if no treatment is given, are to be marked "No. 1."
(5) 
If there is no special hazard, it is to be marked "zero."
B. 
Identification of flammability shall be made on a placard, as indicated hereinbefore, which is red in color and marked numerically as to severity as follows:
(1) 
Materials which will rapidly or completely vaporize at atmospheric pressure and normally ambient temperature, which are readily dispersed in air and which will burn steadily are to be marked "No. 4."
(2) 
Liquids and solids that can be ignited under almost all ambient temperature conditions are to be marked "No. 3."
(3) 
Materials that must be moderately heated or exposed to relatively high ambient temperatures before ignition can occur are to be marked "No. 2."
(4) 
Materials that must be preheated before ignition can occur are to be marked "No. 1."
(5) 
If there is no special hazard, it is to be marked "zero."
C. 
Identification of reactivity shall be made on a placard, as indicated hereinbefore, which is yellow in color and marked numerically as to severity as follows:
(1) 
Materials which in themselves are readily capable of detonation or of explosive decomposition or reaction at normal temperature and pressures are to be marked "No. 4."
(2) 
Materials which in themselves are capable of detonation or of explosive reaction but require a strong initiating source which must be heated under a confinement before initiation or which react explosively with water are to be marked "No. 3."
(3) 
Materials which in themselves are normally unstable and readily undergo violent chemical change but do not detonate and also materials which may violently react with water or which may form potentially explosive mixtures are to be marked "No. 2."
(4) 
Materials which in themselves are normally stable but which can become unstable at elevated temperatures and pressures or which may react with water with some release of energy but not violently are to be marked "No. 1."
(5) 
If there is no special hazard, it is to be marked "zero."
D. 
Identification of materials indicating unusual reactivity with water shall be made on a placard, as indicated hereinbefore, which is white in color.
E. 
The aforesaid placards are to be installed at least on two sides of the building in which the hazardous materials are contained and of which at least one of the placards can be easily seen and identified by anyone without trespassing on said premises.
F. 
The Fire Chief or his representatives of the Borough of Plymouth shall inspect all buildings containing hazardous materials, whether they are commercial, industrial or domestic, at least once a year to ascertain whether there is compliance with the provisions of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, partnership, association, syndicate, company, firm or corporation violating any provision of this article shall, upon summary conviction thereof, be sentenced to pay a fine not exceeding $600 and costs of prosecution and, in default of payment of such fine and costs of prosecution, may be sentenced to imprisonment in the Luzerne County Prison for a period not exceeding 30 days. Each day a violation exists shall constitute a separate offense.
[Adopted 6-9-1992 by Ord. No. 9-1992]
As used in this article, the following terms shall have the meanings indicated:
EXTRAORDINARY EXPENSES
Those expenses and those related costs and fees that are incurred by the Borough, local, state or federal department or agency, emergency services organization and from the private sector for actual costs or charges for labor, materials, and any other costs associated with the use of specialized extinguishing or abatement agent, chemical neutralizer or similar equipment or material that is employed to monitor extinguish, confine, neutralize, contain, clean, or remove any hazardous material that is or may be involved in a fire, or release into the air, ground or water or the potential threat of any release or fire, and any and all activities associated with the implementation of a protective action (i.e., evacuation) to protect the public health, safety and welfare.
EXTRAORDINARY SERVICE
Service performed by any Borough departments or employees, or any public or private sector organization, agency or company directly associated with mitigating the hazard or potential hazard or involved in providing services to implement a protective action. "Extraordinary services" may include, but are not limited to, the abatement and disposition of hazardous materials, spills, releases, or the threat of spills or releases of hazardous materials, utility line breaks or leakages, and other imminent or perceived or potential threats to the health, safety and welfare of the public that may be detailed or contemplated in § 127-1 above.
The Council of the Borough shall collect all fees as follows:
A. 
Fees and costs (including overhead costs) shall encompass all personnel, equipment, materials and maintenance expenses in such a form as to insure for full reimbursement for charges from both the public and private sectors actually rendered. A particular cost or fee schedule need not be set forth in this section or elsewhere in the Borough ordinance or by further formal action by the Borough Council. The Borough Council approval of this section shall constitute authorization for the Council to collect all such fees and costs that are submitted to the Borough by affected public and private bureaus, agencies, departments or companies.
B. 
Within 30 days of the date of the extraordinary or dangerous occurrence giving rise to the extraordinary service, the affected public agencies, departments or private companies shall submit its extraordinary service related costs, fees, charges and expenses to the Borough Council for review. At such time as all costs, fees, charges and expenses related to the extraordinary service have been collected and reviewed, but in any case not later than 60 days from the date of determining the combined cost of rendering extraordinary services, the Borough Council shall submit a bill for all costs, fees, charges and expenses, to the owner, agent or manager of the vehicle or fixed facility which caused the need for extraordinary services, with a demand that a full remittance be made within 30 days of receipt.
C. 
In cases of hardship, or where circumstances are such that a full remittance cannot be made to the Borough within the thirty-day period, the Borough Council shall hereby authorize the Borough Solicitor to enter into negotiations with the owner or his agent for an extended payback period of time not to exceed six months.
D. 
All monies received under the provisions of this article shall be placed into the General Fund and reimbursement be made to all public and private sector departments, agencies who had submitted related costs, fees, charges, and expenses for providing an extraordinary service as outlined herein.
The Borough may enforce the provisions of this article by civil action in a court of competent jurisdiction for the collection of any amounts due hereunder plus attorneys fees or for any other relief that may be appropriate.
Nothing in this article shall authorize any Borough bureau, department, or personnel or staff members to refuse or delay an emergency service to any person, firm, organization or corporation, that has not reimbursed the Borough for extraordinary services. Furthermore, nothing in this section shall be construed to demand reimbursement to the Borough for those municipal services that are normally provided to Borough residents and others as a matter of the Borough's general operating procedure, and for which the levying of taxes, or the demand for reimbursement is normally made.
Any violation of this article shall be determined to be a summary violation of a municipal ordinance and for all purposes shall be considered that if a person violates said ordinance that he shall be liable as a summary conviction of a municipal ordinance and subject also to the maximum allowable fine or penalty or $300 or the maximum allowable fine as permitted by the statutes of the Commonwealth of Pennsylvania.
All ordinances and parts of ordinances inconsistent herewith be, and the same are hereby repealed.