This article is enacted pursuant to the authority granted to the Township by the Second Class Township Code,[1] authorizing the Township to enact ordinances dealing with the protection of the health of Township residents, refuse materials, nuisances and public safety, and by the Pennsylvania Solid Waste Management Act, Section 2, Hazardous Waste.[2]
[HISTORY: Adopted by the Board of Supervisors of Caernarvon Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-12-1991 by Ord. No. 112]
As used in this article, the following terms shall have the meanings indicated:
A solid or liquid material waste or a combination thereof which because of its quantity, concentration or physical chemical or infectious characteristics may cause or significantly contribute to an increase in mortality, serious illness or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, disposed of or otherwise managed. Hazardous materials or waste shall include toxic or hazardous materials or wastes as such are identified in rules and regulations adopted and amended by the federal Environmental Protection Agency and the Pennsylvania Department of Environmental Protection.
It shall be unlawful to place, dump, or otherwise discharge onto the ground or water located in Caernarvon Township, Berks County, Pennsylvania, any hazardous material or waste unless such discharge has been approved in accordance with a valid permit authorized by the Pennsylvania Department of Environmental Protection or the federal Environmental Protection Agency.
In the event of a spill or discharge of hazardous material or waste upon any of the streets, highways, grounds or into the waters of the Township, it shall be the responsibility of the hauler, transporter, owner, consignee or generator of the hazardous material or waste to completely clean up and dispose of said hazardous material or waste fully in accordance with applicable federal and state laws and regulations. Said clean up shall be accomplished as expeditiously as possible so as to minimize the danger to public health and damage to the environment.
All expenses of whatever nature, caused or incurred as a result of a spill or discharge as described in § 299-4 above, shall be the direct responsibility of the hauler, transporter, owner, consignee or generator. Any expense incurred by the Township or its Police Department, Fire Company, agents or representatives in guarding, monitoring or protecting the site of any spill or discharge or related in any way to the clean up of said spill or discharge shall be paid by the hauler, transporter, owner, consignee or generator of the hazardous waste upon demand and submission of a statement therefor. The duty and liability to pay such expenses is imposed by this article. Further, the hauler, transporter, owner, consignee or generator of the hazardous material or waste is hereby required to indemnify, save harmless and repay the Township, its agents, representatives and employees for any liability incurred by the Township arising in any way from the spill or discharge or the activities of the Township in response to such a spill or discharge. The collection of such expenses, if not paid upon demand, may be collected as any civil debt.
It is the direct and immediate responsibility of the hauler, transporter, owner, consignee or generator of the hazardous material or waste to immediately notify all necessary and required state, federal and local officials of the occurrence of a spill or discharge of hazardous material or waste within the Township. Notice to the Township shall be directed to the Caernarvon Township Police Department and shall include all relevant information required to be provided to state or federal regulatory departments or agencies.
The Township recognizes that legal control of aspects of hazardous material and waste disposal has been delegated to the Pennsylvania Department of Environmental Protection. It is not the intention of the Township to abrogate such authority. It is the intention of the Township to impose additional requirements to meet the needs of public safety and public health of Township residents.
For any violation of the provisions of this article there is hereby imposed a penalty not to exceed $500 for each and every offense. Each day after notice of an offense that the offense continues shall be considered a separate offense punishable by a like fine or penalty.
[Adopted 10-10-2000 by Ord. No. 178]
[Amended 4-10-2012 by Ord. No. 269]
The Twin Valley Fire Department is recognized as the official Fire Company to provide fire protection and related services to Caernarvon Township. The Fire Company, in addition to its primary firefighting activities, often responds to hazardous material incidents, environmental incidents, safety, rescue, and similar incidents, either in response to 911 requests, as a public service, or in coordination with the emergency management agency.
[Amended 4-10-2012 by Ord. No. 269]
It is the intention of the Township to authorize the Twin Valley Fire Department to seek collection and reimbursement for the reasonable costs of responding to hazardous material incidents, environmental incidents, safety, rescue, and similar incidents, and under certain circumstances firefighting activities, either directly or in coordination with agencies which provide invoicing services.
The Fire Company is hereby authorized to recover the reasonable costs and expenses incurred for firefighting materials, equipment, personnel hours, hazardous abatement materials, equipment use and damage, and similar expenses relating to hazardous material incidents, environmental incidents, safety, rescue, and similar incidents, including vehicular accidents or incidents.
Where insurance coverage is available with respect to incidents involving firefighting activities of commercial and residential properties, the Fire Company is similarly authorized to recover its reasonable costs and expenses or to receive a contribution in lieu thereof to the extent that such insurance policies provide coverage for such expenses.
The costs and expenses permitted hereunder may be billed or directly charged by the Fire Company to the responsible person or owner or to the appropriate insurance company, or in the alternative the Fire Company may engage the services of a company which provides such collection services.
Under no circumstances shall the Fire Company in any way limit its activities or make a condition of providing its services the payment or collection of a fee or charge either for current or past services.
In addition to the aforementioned costs and expenses, the Fire Company is authorized to collect reasonable interest and a reasonable administrative fee as may be authorized by law.