[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Uwchlan 6-5-1995 by Ord. No. 95-03. Amendments noted where applicable.]
Solid waste — See Ch. 148.
It is the intent of this chapter to provide for cleanup and abatement upon the intentional, negligent or accidental release of hazardous materials (hereafter known as "incident" or "event") and to authorize recovery of costs incurred by the Township or other agencies responding to the incident pursuant to the Hazardous Material Emergency Planning and Response Act (35 P.S. § 6022.210).
As used in this chapter, the following terms shall have the meanings indicated:
- HAZARDOUS MATERIALS
- Any substance or material in a quantity or form which, in the determination of the emergency management coordinator, or his authorized representative, poses an unreasonable and imminent risk to life, health or safety of persons or property or to the ecological balance of the environment.
The Upper Uwchlan Township Board of Supervisors has the responsibility for the safety and protection of the public within the Township. The Township's emergency management coordinator shall assume command of an incident and immediately cause the Township Manager to be notified of the situation. In the absence of the emergency management coordinator, the senior fire official at the scene will then be held responsible for immediately notifying the Township of the situation. The emergency management coordinator is hereby authorized to abate the effects of any hazardous materials deposited upon or into any properties within the Township; and any person or persons who intentionally, negligently or accidentally cause such deposits of hazardous materials shall be liable for the payment of all costs incurred as a result of such activity. The remedies provided by this chapter shall be in addition to any other remedies provided by law.
Costs to be recovered by the Township, any paid or volunteer emergency organization may include, but not be limited to:
Disposable materials and supplies acquired, consumed and expended specifically for the purpose of the response to the hazardous materials release.
Rental or leasing of equipment used specifically for the response (for example, protective equipment or clothing and scientific and technical equipment).
Replacement costs for equipment that is contaminated beyond reuse or repair during the response (for example, self-contained breathing apparatus irretrievably contaminated during the response).
Decontamination of equipment contaminated during the response.
Compensation of paid employees or members of a hazardous materials response team or supporting paid or volunteer emergency service organizations, to include regular and overtime pay, workmen's compensation, benefits, administrative overhead costs and other related personnel costs.
Special technical services specifically required for the response (for example, costs associated with the time and efforts of technical experts or specialists).
Laboratory and testing costs for purposes of analyzing samples or specimens taken during operations.
Other special services specifically required for the response (for example, utility costs).
Costs associated with the services, supplies and equipment used in conjunction with operations. In addition, all costs associated with evacuation.
Costs associated with the removal and disposal of hazardous materials.
The cost of any waiver and materials used by the Township and their designated agents.
Any and all other related costs that may be incurred as a result of the event.