[HISTORY: Adopted by the Board of Supervisors of the Township of Marshall 3-2-1988 by Ord. No. 201. Amendments noted where applicable.]
[Amended 10-5-1994 by Ord. No. 263]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
HAZARDOUS MATERIAL, SUBSTANCE OR WASTE
Any solid waste or combination of solid wastes, as defined in the Solid Waste Management Act, which because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. These shall include but not be limited to explosives, PCB's, petroleum products or gases, poisons, etiologic agents, flammables, corrosives, gases under high pressure, acetone, ammonia, benzene, calcium carbide, carbon disulfide, celluloid, chlorine, hydrochloric acid, hydrocyanic acid, magnesium, nitric acid and oxides of nitrogen, petroleum products (except in motor vehicles and equipment), phosphorus, potassium, sodium, sulfur products and pesticides (including insecticides, fungicides and rodenticides) and any other products or materials listed in the Hazardous Substances List of the Pennsylvania Department of Labor and Industry.
The Township of Marshall does hereby prohibit the dumping accidentally or intentionally of any hazardous materials or substances upon or into properties or facilities, watercourses, streets, roads and alleys and other properties within the municipal boundaries of the Township of Marshall.
[Amended 2-3-2014 by Ord. No. 421]
A. 
The Township of Marshall hereby authorizes and directs its various emergency services, Township employees or any other persons employed by the Township 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 into properties, facilities, watercourses or roadways within the municipal boundaries of the Township of Marshall, including such properties and activities as, but not limited to, traffic control, evacuation, relocation, substance monitoring, establishment of medical care facilities and removal, and to recover from such persons responsible for the same all other costs incurred in the mitigation of the situation.
B. 
Any person or persons who intentionally or accidentally or negligently caused such deposit shall be liable for all costs incurred by the Township of Marshall in the cleanup or abatement activities.
C. 
The remedy provided by this Chapter shall be in addition to all other remedies provided by other laws or ordinances of the Commonwealth of Pennsylvania and the Township of Marshall.
D. 
For the purposes of this Chapter, costs incurred by the Township of Marshall shall include but are not limited to actual labor cost of Township personnel, including workmen's compensation benefits, fringe benefits, administrative overhead, costs of equipment operation, cost of special fire extinguishing agents used and cost of any contracted labor and materials, and further, any costs incurred by volunteer fire companies or services, emergency medical companies or services, the [Northern Regional] Police Department, the office of Emergency Management, the [Marshall Township Volunteer Fire Department] and any other agency or contractor engaged in the abating or cleaning up of the effects of any such hazardous material or substances deposited upon or into properties, facilities, watercourses, roads or streets in the Township of Marshall.