[HISTORY: Adopted by the Board of Supervisors of the Township of Richland 7-22-1980 by Ord. No. 119. Amendments noted where applicable.]
GENERAL REFERENCES
Floodplain management — See Ch. 138.
Health and sanitation — See Ch. 148.
Sewers — See Ch. 198.
Solid waste — See Ch. 207.
This chapter shall be known and cited as the "Township of Richland Hazardous Substance Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
ABATEMENT
The restoration, reclamation and recovery of a natural resource adversely affected by the activity of a person.
DISPOSAL
The incineration, disposition, injection, dumping, spilling, leaking or placing of hazardous substances into or on the land or water in a manner that the hazardous substance or a constituent of the hazardous substance enters the environment, is emitted into the air or is discharged into the waters of the township.
HAZARDOUS SUBSTANCE
Any flammable liquid, flammable solid, oxidizing substance, corrosive liquid, compressed gas, poisonous substance, explosive, radioactive or nuclear material and any other material, including solid, liquid, semisolid or contained gaseous material, or any combination of the above, which because of its quantity, concentration or physical, chemical or infectious characteristics may:
A. 
Contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or
B. 
Pose a present or potential hazard to human health or the environment when disposed of.
PERSON
Any individual, partnership, corporation, association, organization, institution, cooperative enterprise, federal government or agency, state government, institution or agency.
STORAGE
The containment of any hazardous substance on a temporary basis in such a manner as not to constitute disposal of such substance. It shall be presumed that the containment of any hazardous substance in excess of 30 days constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary; however, it shall be conclusively presumed that the storage of hazardous substances in excess of 90 days constitutes disposal; provided, however, that this definition shall not apply to the storage of petroleum products for sale by commercial gas stations, nor to the storage of petroleum products used for household heating, nor to the storage of petroleum products in an aggregate quantity of five gallons or less for personal, family or household use.
TOWNSHIP
The Township of Richland of the County of Cambria, Pennsylvania.
It shall be unlawful for any person to dispose of or to permit the disposal of hazardous substances in the township.
A. 
Any violation of this chapter shall constitute a public nuisance.
B. 
Any person violating this chapter shall be liable for the costs of abatement of any public nuisance caused by such violation. The township may cause such work to be done as is necessary to abate the nuisance and all labor and material and incidental expenses thereto shall be collected from said person for the use of the township as debts are by law collectible.
C. 
In addition to any other remedies provided for in this chapter, the township may bring an action in equity in a court of competent jurisdiction for an injunction to restrain any and all violations of this chapter or to restrain any public nuisance or detriment to health.
D. 
In addition to any other remedies provided for in this chapter, the township may assess a civil penalty upon a person for such violation. Such penalty may be assessed whether or not the violation was willful or negligent. The amount of such assessment shall not exceed $600.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a District Justice 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 chapter that is violated shall also constitute a separate offense. In the case of corporations and other legal entities having officers and directors, the penalties herein may be imposed upon said directors and officers.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).