[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:
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.
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:
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
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.
A.
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.
B.
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.
C.
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:
(1)
Expenses incurred by police, fire or emergency medical
squads or groups.
(2)
Actual labor costs for township personnel (including
traffic control, evacuation, relocation, substance monitoring, substance cleanup,
establishment of medical care facilities and like expenses).
(3)
A proportionate share of applicable benefits and administrative
overhead.
(4)
The costs of consultants and others retained by the township
in preparing reports concerning the incident.
(5)
The costs of any necessary equipment whether owned or
rented by the township.
(6)
The costs of materials obtained by the township in connection
with responding to the incident.
(7)
The costs of any contractual labor or materials or cleanup
abatement.
(8)
The costs incurred by the township for legal and engineering
fees in connection with the incident or enforcement of this chapter.
(9)
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.
D.
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.
E.
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[1]]
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.
