[HISTORY: Adopted by the Board of Supervisors of the Township of East Norriton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 129.
Use and occupancy permits — See Ch. 190.
[Adopted 7-21-1986 by Ord. No. 234]
As used in this article, the following terms shall have the meanings indicated:
ABATE
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.
DEPOSIT
Any spilling, leaking, pumping, pouring, emptying, discharging, injecting, escaping, leaching, dumping or disposing.
HAZARDOUS SUBSTANCE
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.
PERSON
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]
[1]
Editor's Note: See 45 P.S. § 1201 et seq.
[2]
Editor's Note: Exhibit A is on file in the Township offices and can be examined there during regular business hours.
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.