[Ord. 2332, passed 2-2-2000]
As used in this chapter:
HAZARDOUS MATERIALS OR SUBSTANCES
Any material or substance which may have a direct or identifiable effect on persons or property within the boundaries of the Municipality or any such substances or materials in a quantity or form which, in the determination of the Manager, or his or her authorized representative, poses an unreasonable or 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 Substance list of the Pennsylvania Department of Labor and Industry, the Solid Waste Management Act, 35 P.S. § 6018.103 and the Worker and Community Right-to-Know Act, 35 P.S. § 7303.
PERSON
Includes any individual, firm, corporation, association, partnership or other legal entity.
[Ord. 2332, passed 2-2-2000]
The Municipality hereby authorizes and directs its various emergency services, personnel, employees or any other persons employed by the Municipality for such purposes to clean up or abate, or cause to be cleaned up or abated, the effects of any hazardous materials or substances deposited upon or onto properties or facilities within the Municipality, including, but not limited to, activities such as traffic control, evacuation, relocation, substance monitoring and establishment of medical care facilities, and to recover from such persons responsible for the same any and all costs incurred in the mitigation of the situation. Any person who intentionally, accidentally or negligently causes such deposit shall be liable for all costs incurred by the Municipality in the clean-up or abatement activities. The remedies provided by this chapter shall be in addition to all other remedies provided by other laws or ordinances of the United States Government, the Commonwealth of Pennsylvania and the Municipality.
[Ord. 2332, passed 2-2-2000]
For purposes of this chapter, costs of clean-up and abatement incurred by the Municipality shall include, but are not limited to, actual labor costs of Municipal personnel, including Workers' Compensation benefits, fringe benefits, administrative overhead, cost of equipment operation, cost of special fire extinguishing agents used, cost of any contracted labor and materials, and all response costs as defined at 35 P.S. § 6022.210(c), as amended, and, further, shall include any costs incurred by volunteer fire companies, emergency medical companies, the Department of Police of the Municipality and any other agency or contractor engaged in the abating or cleaning up of the effects of any such hazardous materials or substances deposited upon or into properties, facilities, roads or streets of the Municipality.
[Ord. 2332, passed 2-2-2000]
No person shall deposit, place or dump any hazardous materials or substances upon or onto properties within the boundaries of the Municipality.