[HISTORY: Adopted by the Board of Supervisors of the Township of
East Norriton as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-21-1986 by Ord. No. 234]
As used in this article, the following terms shall have the meanings
indicated:
The cleanup or removal of deposited hazardous substances, including
such actions as may be necessary to monitor, assess and evaluate the potential
threat of hazardous substances to the public health, safety and welfare, actions
to prevent, minimize and mitigate damage to the public health and the disposal
of removed materials.
Any spilling, leaking, pumping, pouring, emptying, discharging, injecting,
escaping, leaching, dumping or disposing.
Includes all the substances listed as hazardous substances by the
Pennsylvania Department of Environmental Resources, the Pennsylvania Department
of Labor and Industry and the United States Environmental Protection Agency
pursuant to the various regulations in place at the time of the adoption of
this chapter.
An individual, firm, corporation, association, partnership, joint
venture or other private or commercial entity.
The existence of hazardous substances deposited negligently or intentionally
upon public roadways, public lands or private property within the Township
shall be deemed a public nuisance and shall be abated immediately by the person
responsible for such deposit of hazardous substances.
The Board of Supervisors of the Township, by its employees or agents,
shall serve notice upon the person responsible for the public nuisance. The
notice shall sufficiently describe the condition complained of and shall require
the nuisance to be abated within 10 days of the mailing of the notice.
Should any person responsible for a public nuisance as described herein
fail; neglect or refuse to abate such condition to the satisfaction of the
Board of Supervisors, or if the Board of Supervisors shall determine that
the nature of the hazardous substance negligently or intentionally deposited
is of such nature as to pose an immediate threat to the public health, safety
and welfare, the Township shall act to abate said public nuisance, and any
cost of abatement by the Township shall be paid by the person who negligently
or intentionally deposited the hazardous substance.
[Amended 12-19-1988 by Ord. No. 274]
Any person, corporation or other entity who shall violate any of the
provisions of this article or who should fail to comply with any notice of
violation herein, upon conviction before a District Justice within the magisterial
district within which the Township of East Norriton is a part, shall be fined
not more than $600 plus costs of prosecution after a summary proceeding brought
in the name of the Township before said District Justice. A new and separate
offense shall be deemed to be committed for each day that such violation exists.
In default of the payment of any fine imposed and the costs, the person or
persons that are charged may be sentenced to be committed to the county jail
for a period not exceeding 30 days.
[Adopted 11-16-1987 by Ord. No. 256]
The East Norriton Township Right-to-Know Policy Statement is hereby
formally adopted by the Board of Supervisors of East Norriton Township to
be the official Township statement regarding compliance with the Worker and
Community Right-To-Know Act.[1] A true and correct copy of said policy statement is attached to
this article, incorporated by reference and labeled Exhibit A.[2]
A.
Every existing business of whatsoever kind located within
the Township of East Norriton is required to provide the Township with a completed
survey form, a sample of which is attached hereto as Exhibit B[1] and made a part hereof, listing, for example, hazardous materials
stored within the business, the location of the materials, any appropriate
safety and security regulations or measures, a designated emergency coordinator
and the location of material safety date sheets, as required by the Worker
and Community Right-To-Know Act.
[1]
Editor's Note: Exhibit B is on file in the Township offices and can
be examined there during regular business hours.
B.
Each business shall attach to said survey form an accurate
plot plan for the business depicting the types and amounts of hazardous materials
and how and where the materials are stored. The plot plan shall also indicate
any resources available to control spills, leaks, etc.
C.
Each business shall attach to said survey form an inventory
listing which shall include the following information: the chemical name,
the brand name, the United Nations number, the North American number and the
Department of Transportation number.
D.
Each business shall update said inventory listings annually
and provide the updated inventory listing by June 1 of each year to the East
Norriton Township emergency response agencies, including the Emergency Management
Coordinator, the Police Department, the Fire Department and all ambulance
companies.
E.
Said information shall be supplied to the Township within
six months from the enactment of this article.
All enterprises subsequently commencing business within the Township after the enactment of this article shall provide the Township with the information as set forth in § 118-7 above within 60 days after receiving from the Township a use and occupancy permit.
All businesses of whatsoever kind located within the Township of East
Norriton shall place highly visible placarding, signs or other such notice
on the exterior of all buildings in compliance with NFPA 704M and maintain
similar labels in interior storage areas.
All businesses of whatsoever kind located within the Township of East
Norriton shall maintain material safety data sheets for each hazardous material
as required by the Worker and Community Right-To-Know Act.
[Amended 12-19-1988 by Ord. No. 274]
Any person, corporation or other entity who shall violate any of the
provisions of this article or who should fail to comply with any notice of
violation herein, upon conviction before a District Justice within the magisterial
district within which the Township of East Norriton is a part, shall be fined
not more than $600 plus costs of prosecution after a summary proceeding brought
in the name of the Township before said District Justice. A new a separate
offense shall be deemed to be committed for each day that such violation exists.
In default of the payment of any fine imposed and the costs, the person or
persons that are charged may be sentenced to be committed to the county jail
for a period not exceeding 30 days.
