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.
[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.