[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 7-12-1971 by Ord. No. 17-71 (Art. 30 of the 1970 Revised Ordinances). Amendments noted where applicable.]
Fire prevention — See Ch. 101.
As used in this chapter, the following terms shall have the meanings indicated:
- The Borough of Madison.
- The person who runs the business from the premises of the owner.
- The owner of the premises upon which the gasoline storage tank is located.
- Includes any person, firm, corporation, partnership or other legal entity, as well as individuals.
- PRIVATE PROPERTY
- Any real estate owned by an individual person, as person is defined herein.
- PUBLIC PROPERTY
- Any roads, streets, sidewalks or rights-of-way dedicated to public use, and shall further include stormwater sewers, catch basins, streams, brooks and rivers (whether the latter shall cross public or private property).
No person shall within the Borough fill a gasoline storage tank from a tank truck or any other source unless there shall be a person, during the entire time of the transfer, in constant attendance and in constant observation of the transfer.
The owner or operator, or both, of the gasoline storage tank shall be responsible for ensuring compliance with Subsection A above.
In the event of failure to comply with the requirements of this section, the owner or operator, or both, of the storage tank shall be presumed liable to the penalties and conditions of this chapter.
In the event gasoline shall spill over, out of or from any storage tank, hose, line, tank truck or other source and go into, on or upon public and/or private property and the owner or operator, or both, shall fail to immediately remove the gasoline from said public and/or private property, the Fire Chief of the Borough is hereby directed to remove said gasoline, at his discretion, by either utilizing employees and equipment of the Borough or by hiring, without advertisement for bids, an independent contractor to remove said gasoline. The owner or operator, or both, shall, upon the spilling of gasoline as hereinabove set forth, notify immediately the Fire Department of the Borough or, in the event the Fire Department cannot be reached, the Police Department.
In the event the Fire Chief shall be required to remove spilled gasoline, the owner of the premises on which the gasoline storage tank is located shall be liable for payment of the amount of either:
The cost of services of the independent contractor, or
The cost of the Borough employees' services at an hourly rate established by dividing the rate of pay of said employee whose services are required by 2,080 and multiplying by the number of hours worked, and the cost to the Borough of all materials, supplies and equipment utilized.
The Borough Administrator shall certify the cost of removing the spilled gasoline to the Council of the Borough of Madison, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against the lands of the owner on which the gasoline storage tank is located. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands. The same shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
[Amended 8-14-2000 by Ord. No. 35-2000; 5-8-2006 by Ord. No. 19-2006]
Any person, firm, corporation or other organization found guilty of violating any provision of this chapter shall, upon conviction thereof, be punishable by one or more of the following in the discretion of the Judge: a fine of not to exceed $2,000; or by imprisonment for a term not exceeding 90 days; or by a period of community service not exceeding 90 days. In the event that a fine is imposed, pursuant to this section, such fine shall be no less than $100.