[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Providence as indicated in article histories.
Amendments noted where applicable.]
[Adopted 7-5-1988 by Ord. No. 282 (Ch. 103 of the 1990 Code)]
For the purpose of this article, the following
terms shall be defined as follows:
The cleanup or removal of deposited hazardous substances,
including such actions as may be necessary to monitor, assess and
evaluate the potential threat of hazardous substance to the public
health, safety and welfare, actions to prevent, minimize and mitigate
damage to the public health and the disposal of removed materials.
Any spilling, leaking, pumping, pouring, emptying, discharging,
injecting, escaping, leaching, dumping or disposing.
Includes all the substances listed as hazardous substances
by the Pennsylvania Department of Environmental Protection, the Pennsylvania
Department of Labor and Industry and the United States Environmental
Protection Agency pursuant to the various regulations in place at
the time of the adoption of this article and as amended.
[Amended 6-2-2008 by Ord. No. 490; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
An individual, firm, corporation, association, partnership,
joint venture or other private or commercial entity.
The existence of hazardous substances deposited
negligently or intentionally upon public roadways, public lands or
private property within the Township shall be deemed a public nuisance
and shall be abated immediately by the person responsible for such
deposit of hazardous substances.
The Board of Supervisors of the Township, by
its employees or agents, shall serve notice upon the person responsible
for the public nuisance. The notice shall sufficiently describe the
condition complained of and shall require the nuisance to be abated
within 10 days of the mailing of the notice.
Should any person responsible for a public nuisance
as described herein fail, neglect or refuse to abate such condition
to the satisfaction of the Board of Supervisors or if the Board of
Supervisors shall determine that the nature of the hazardous substance
negligently or intentionally deposited is of such nature as to pose
an immediate threat to the public health, safety and welfare, the
Township shall act to abate said public nuisance, and any cost of
abatement by the Township shall be paid by the person who negligently
or intentionally deposited the hazardous substance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation
of this article or who should fail to comply with any notice of violation
described herein shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
