[HISTORY: Adopted by the Borough Council of the Borough of Baldwin 4-20-1987 by Ord. No. 584. Amendments noted where applicable.]
Fire prevention — See Ch. 89.
Garbage, rubbish and refuse — See Ch. 96.
The Borough of Baldwin does hereby prohibit the dumping of any hazardous materials or substances upon or into properties or facilities, streets, roads and alleys and other properties within the municipal boundaries of the Borough of Baldwin.
As used in this chapter, the following terms shall have the meanings indicated:
- HAZARDOUS MATERIALS OR SUBSTANCES
- Any material or substance which may have a direct or identifiable effect on persons or property within the municipal boundaries of the Borough of Baldwin or any such substances or materials in a quantity or form which, in the determination of the Borough Secretary or her authorized representative, poses an unreasonable or imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, and shall include but not be limited to such substances as explosives, radioactive materials, petroleum products or gases, poisons, etiologic (biologic) agents, flammables, corrosives or materials listed in the Hazardous Substance List of the Pennsylvania Department of Labor and Industry.
The Borough of Baldwin hereby authorizes and directs its various emergency services, Borough employees or any other persons employed by the Borough for such purposes to clean up or abate or cause to be cleaned up or abated the effects of any hazardous materials or substances deposited upon or into properties or facilities within the municipal boundaries of the Borough of Baldwin, including such properties and activities as but not limited to traffic control, evacuation, relocation, substance monitoring and establishment of medical care facilities, and to recover from such persons responsible for the same all other costs incurred in the mitigation of the situation. Any person or persons who intentionally or accidentally or negligently caused such deposit shall be liable for all costs incurred by the Borough of Baldwin or incurred by the Borough in the cleanup or abatement activities.
The remedy provided by this chapter shall be in addition to all other remedies provided by other laws or ordinances of the Commonwealth of Pennsylvania and the Borough of Baldwin.
For purposes of this chapter, costs incurred by the Borough of Baldwin shall include, but are not limited to, actual labor cost of Borough personnel, including workers' compensation benefits, fringe benefits, administrative overhead, cost of equipment operation, cost of special fire-extinguishing agents used and cost of any contracted labor and materials and, further, any costs incurred by volunteer fire companies, emergency medical companies, the Department of Police of the Borough of Baldwin and any other agency or contractor engaged in the abating or cleaning up of the effects of any such hazardous materials or substances deposited upon or into properties, facilities, roads or streets of the Borough of Baldwin.