[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.]
[Amended 1-17-2006 by Ord. No. 06-01]
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:
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:
A.
Disposable materials and supplies acquired, consumed
and expended specifically for the purpose of the response to the hazardous
materials release.
B.
Rental or leasing of equipment used specifically for
the response (for example, protective equipment or clothing and scientific
and technical equipment).
C.
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).
D.
Decontamination of equipment contaminated during the
response.
E.
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.
F.
Special technical services specifically required for
the response (for example, costs associated with the time and efforts
of technical experts or specialists).
G.
Laboratory and testing costs for purposes of analyzing
samples or specimens taken during operations.
H.
Other special services specifically required for the
response (for example, utility costs).
I.
Costs associated with the services, supplies and equipment
used in conjunction with operations. In addition, all costs associated
with evacuation.
J.
Costs associated with the removal and disposal of
hazardous materials.
K.
The cost of any waiver and materials used by the Township
and their designated agents.
L.
Any and all other related costs that may be incurred
as a result of the event.
