[HISTORY: Adopted by the Board of Supervisors of the Township of
Richland 7-22-1980 by Ord. No. 119. Amendments noted where applicable.]
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:
The restoration, reclamation and recovery of a natural resource adversely
affected by the activity of a person.
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.
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:
Any individual, partnership, corporation, association, organization,
institution, cooperative enterprise, federal government or agency, state government,
institution or agency.
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.
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]
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]
