[Adopted 4-21-1992 by Ord. No. 1752-92]
A.
Word usage. The singular number includes the plural,
and the plural includes the singular. The masculine gender includes the feminine.
B.
ABATE OR ABATEMENT
DEPOSIT
HAZARDOUS SUBSTANCE
PERSON
Terms defined. Unless otherwise expressly stated, the
following words and phrases shall be construed throughout this article to
have the meanings indicated in this section:
The removal and disposal of hazardous substances in accordance with
applicable federal, state or local laws or regulations in such a way as to
prevent damage or injury to persons, property or the environment or to endanger
the public health, safety and welfare, and shall include but not be limited
to the actions necessary to monitor, assess and evaluate such danger or damage.
Any spilling, leaking, pumping, pouring, emptying, discharging, injecting,
escaping, leaching, dumping or disposing.
Any solid, liquid or gas which is combustible, flammable, corrosive,
poisonous, toxic, radioactive, oxidizing, unstable (reactive) or an explosive
substance and includes all the substances listed as "hazardous substances"
by the Pennsylvania Department of Environmental Protection and Energy, the
Pennsylvania Department of Labor and Industry, the United States Protection
Agency and the United States Coast Guard.
Any individual, firm, corporation, association, partnership, joint
venture or other private or commercial entity.
Hazardous substances deposited 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 the deposit of said
hazardous substances or, if upon private property, by the owner of such property.
Except in the case of an emergency or imminent danger to the public
health, safety or welfare, the Fire Marshal or authorized designate shall
serve notice upon the person responsible for the public nuisance or, if such
person is unknown, then the owner of the property upon which the nuisance
exists. The notice shall sufficiently describe the condition found and shall
require the nuisance to be abated within 10 days of the mailing of the notice.
If the owner cannot be located, it shall be sufficient to forward notice to
the last known address and to post a copy of such notice at the site of the
nuisance.
Should any person responsible for the creation of a nuisance or an owner
fail, after reviewing notice, to abate such condition to the satisfaction
of the Fire Marshal or if the Fire Marshal shall determine that the hazardous
substances pose an immediate threat to the public health, safety and welfare,
the township shall act to abate said public nuisance. Any cost of abatement
by the township shall be paid by the person who deposited the hazardous substance
or by the owner of the property affected. A municipal claim may be filed against
the property benefited and such costs collected as provided by law.
[Amended 11-21-1995 by Ord. No. 1846-95]
All costs incurred by the township for hazardous substance cleanup shall
be paid by the person responsible for causing the deposit of the substance
or by the owner of the property affected. In addition, a fee to be set forth
from time to time by resolution of the Board of Commissioners shall be paid
to the township for any response to an incident which requires the services
of the Township Hazardous Materials Response Team.[1] In the case where the responsible person is a nonresident, legal
action will be taken if payment for costs is not made within 30 days of the
request for payment.
