[HISTORY: Adopted by the Board of Supervisors of the Township of Franconia 6-13-1994 by Ord. No. 207. Amendments noted where applicable.]
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 township or any such substances or materials in a quantity or form which, in the determination of the Township Manager or his/her authorized representative, pose an unreasonable or imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment. Such materials or substances shall include but are not limited to the following: compressed gas, explosive, flammable liquid, flammable solid, oxidizer, poison or radioactive material, petroleum products or gases, etiological/biologic agents, corrosives, infectious materials or any material, liquid, solid, gas or other matter included by the United States Department of Transportation within the provisions of Title 49 of the Code of Federal Regulations now in effect or hereinafter amended or enacted and 35 P.S. § 7301 et seq. now in effect or hereinafter amended or enacted. It is to be expressly understood by virtue of this chapter that all such substances currently listed or subsequently added to the provisions of the Title 49 of United States Code of Federal Regulations and the Worker and Community Right-to-Know Act, 35 P.S. § 7301 et seq., are expressly made and are to be considered hazardous materials under this chapter without further amendment.
- HAZARDOUS SUBSTANCE INCIDENT
- Any incident that occurs in the storage, transportation, use, manufacturing, processing or discharging of any hazardous material or substance as defined above which necessitates either:
- A. The intervention of the State Police Department, any municipal or volunteer Fire Department, emergency medical units or any of the emergency agencies or services which may assist the township, including but not limited to fire companies, ambulance or rescue squads operating within the township; or
- B. The need for cleanup or abatement measures to be performed or supervised by township employees or township consultants or the need for any responsive action resulting in expense of any kind to the township.
The release, deposit, discharge or dumping of, any hazardous materials or substances upon or into properties, waterways, facilities, streets, roads and alleys within the municipality of Franconia Township is hereby prohibited.
Any person or persons who intentionally, accidentally or negligently cause such release, deposit, discharge or dumping of hazardous materials or substances shall be, jointly and severally with other responsible persons, liable for all costs incurred by the township in the cleanup and abatement activities required.
Any person or entity which owns or leases property on which a hazardous substance incident occurs shall be, jointly and severally with all other responsible persons, liable for all costs incurred as a direct or consequential result of the incident. In the event that such an incident occurs during transportation of the hazardous substance on a public road or other thoroughfare within the township, the persons or entity who owns or has custody or control of the vehicle and/or the hazardous substance involved in the incident shall be, jointly and severally with all other responsible persons, liable for all costs incurred as a direct or consequential result of such incident.
For the purposes of this section, the costs recoverable as a result of a hazardous substance incident shall include but shall not be limited to the following:
Expenses incurred by police, fire or emergency medical squads or groups.
Actual labor costs for township personnel (including traffic control, evacuation, relocation, substance monitoring, substance cleanup, establishment of medical care facilities and like expenses).
A proportionate share of applicable benefits and administrative overhead.
The costs of consultants and others retained by the township in preparing reports concerning the incident.
The costs of any necessary equipment whether owned or rented by the township.
The costs of materials obtained by the township in connection with responding to the incident.
The costs of any contractual labor or materials or cleanup abatement.
The costs incurred by the township for legal and engineering fees in connection with the incident or enforcement of this chapter.
The cost to replace or repair any damage caused to equipment utilized by the township or any other service agency which responds to the incident.
The costs resulting from the hazardous substance incident shall be paid directly to the township within 30 days from the date on which the township issues an invoice or other appropriate demand for such costs. Interest shall accrue on any unpaid invoice at the rate of 1 1/2% per month commencing after the expiration of the original thirty-day grace period.
The remedies provided herein shall be in addition to all other remedies provided by other laws or ordinances of the United States, the Commonwealth of Pennsylvania and the township.
[Amended 6-10-1996 by Ord. No. 237]
This chapter shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits the violation of this chapter shall, upon conviction in a summary proceeding, be punishable by a fine of not more than $1,000 per violation or by imprisonment for a term not exceeding 90 days. Each section of this chapter that is violated shall constitute a separate offense.