[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.]
GENERAL REFERENCES
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.
Any real estate owned by an individual person, as person is defined
herein.
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).
A.
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.
B.
The owner or operator, or both, of the gasoline storage tank shall be responsible for ensuring compliance with Subsection A above.
C.
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.
A.
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.
B.
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:
(1)
The cost of services of the independent contractor, or
(2)
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.
