Township of Lower Saucon, PA
Northampton County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Lower Saucon 4-19-1989 by Ord. No. 89-5; amended in its entirety 9-18-1996 by Ord. No. 96-9. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Floodplain management — See Ch. 90.
Junkyards and junk dealers — See Ch. 103.
Nuisances — See Ch. 112.
Industrial waste — See Ch. 130, Art. VI.
Solid waste — See Ch. 135.
Vehicles and traffic — See Ch. 170.
Zoning — See Ch. 180.
The manufacturer and/or owner of petroleum, hazardous materials or chemicals and/or the common carrier of any type whatsoever, including pipelines, carrying said petroleum, hazardous materials or chemicals shall be responsible for the control, extinguishment, confinement, neutralizing and/or containing of spills, releases or fires involving said petroleum, hazardous materials or chemicals in the Township of Lower Saucon. In the event of the failure of the manufacturer and/or owner and/or common carrier, including pipelines, to control, extinguish, confine, neutralize, contain and/or clean up any spill, fire or release, the Township of Lower Saucon, its designated fire departments, police, emergency personnel, agents or employees (hereinafter collectively referred to as the "Township"), may perform the necessary work and recover from such manufacturer and/or owner and/or common carrier, including pipelines, a fee sufficient to compensate the Township for both direct and indirect costs and expenses, including but not limited to special equipment, cleanup materials, labor and special services used to perform such work.
The operator and/or owner of a motor vehicle or motorcycle (hereinafter collectively referred to as "owner") shall be responsible for the control, extinguishment, confinement, neutralizing and/or containing of spills, releases or fires involving petroleum, hazardous materials or chemicals in the Township of Lower Saucon. In the event of the failure or upon a determination by the incident coordinator or person in charge of the inability of operator and/or owner of a motor vehicle or motorcycle to control, extinguish, confine, neutralize, contain and/or clean up any spill, fire or release, the Township of Lower Saucon, its designated fire departments, police, emergency personnel, agents or employees (hereinafter collectively referred to as the "Township"), may perform the necessary work and recover from such operator and/or owner of a motor vehicle or motorcycle a fee sufficient to compensate the Township for both direct and indirect costs and expenses, including but not limited to special equipment, cleanup materials, labor and special services used to perform such work.
The special equipment or material used by the Township for which any manufacturer and/or owner and/or common carrier will be responsible may include but is not limited to the following:
A. 
Foam;
B. 
Dry chemicals;
C. 
Sand; and
D. 
Any other equipment and/or material or materials deemed necessary by the Fire Chief or officer in charge.
The cost of labor shall be set at the actual wage rates, with overtime and including fringe benefits, paid to all personnel involved in the control, extinguishment, confinement, neutralizing, containment and cleanup of any spills, releases or fires involving petroleum, hazardous materials or chemicals and to the Township police or emergency personnel involved in incidental services, including but not limited to traffic and crowd control, evacuations or fire protection and prevention.
The manufacturer and/or owner or common carrier of any petroleum, hazardous material or chemicals, including pipelines as aforesaid, shall also be liable for the cost of any temporary storage of chemicals, hazardous materials or petroleum and/or the cost of disposing of the same.
[Amended 5-20-1998 by Ord. No. 98-17]
Bills for the amount of the above-described costs shall be forwarded to the Township Manager, who shall arrange for the billing to the above-described responsible party. If payment is not made in full within the 30 days from the date of mailing of said bill, the Township Manager shall refer the matter to the Township Solicitor for collection or litigation as is necessary with all fees, including attorney's fees, costs to be borne by the responsible party.
[Amended 5-20-1998 by Ord. No. 98-17
Any person who fails to voluntarily pay within 10 days to the Township the penalty imposed for violation of this chapter shall be subject to a civil enforcement proceeding. Any person who violates or permits a violation of this chapter, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice and/or Court. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.