[Adopted 3-25-2021 by Ord. No. 21-04]
There shall be added to the definitions set forth in Code § 298-1
the following:
Chemical compounds such as benzanthracene, benzofluoranthene,
benzoperylene, benzopyrene, chrysene and other similar compounds which
are believed by competent authorities to pose risks to human health
and other animal life.
It shall be a violation of this Part 8 to use, apply or cause
others to apply PAHs to pavement and other surfaces in the Borough.
It shall likewise be a violation to fail or refuse to remove or encapsulate
PAHs which are being leeched, emitted or otherwise released at a harmful
level from a surface on land in the Borough owned, leased or otherwise
controlled by an individual or entity. In the event of difference
of opinion as to whether the level of release is harmful, the opinion
of a competent testing agency, engaged at the expense of the property
owner, lessee or other controlling person or entity, shall be conclusive.
Removal shall include the obligation to control and remove dust or
other residue of PAHs from such land and other downstream properties,
including during removal.
The Code Officer, police and management-level personnel of the
Borough shall have the right to enter upon land and to cause competent
testing contractors to test surfaces in the Borough which they reasonably
suspect may have PAHs on or under them.
Should any part of this Part 8 be declared void or illegal,
it is the intention of the Borough Council that the remainder of this
Part 8 be in full force and effect, as if the ordinance had been enacted
without said invalid portion.
This Part 8 shall take effect immediately.
