[HISTORY: Adopted by the Board of Commissioners of the Township of
Ridley 6-27-1990 by Ord. No. 1658. Amendments
noted where applicable.]
This chapter shall be known as the "Transportation and Storage of Hazardous
Material Ordinance."
The following words and phrases, when used in this chapter, shall have
the meanings ascribed to them in this section, except when the context clearly
indicates differently:
The Code of Federal Regulations. The numbers "CFR" shall refer to
the volume, divisions and sections used to identify parts of the Code of Federal
Regulations.
Any substance regulates as a compressed gas by the United States
Department of Transportation by regulations found in 49 CFR 173.300.
Any substance regulated as a flammable liquid by the United States
Department of Transportation by regulations found in 49 CFR 173.115.
Any substance regulated as a flammable solid by the United States
Department of Transportation by regulations found in 49 CFR 173.150.
Any substance defined in this section as compressed gas, explosive,
flammable liquid, flammable solid, oxidizer, poison, radioactive 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 United States Code of Federal Regulations Title 49 and the Worker and
Community Right to Know Act, 35 P.S. § 7301 et seq., are expressly
made and to be considered hazardous materials under this chapter without further
amendment.
Any liquid or gas that is life-threatening when mixed with air in
small amounts, and shall also include all of those substances regulated as
a Class A poison by the United States Department of Transportation by regulations
found in 49 CFR 173.326.
Any substance required by the Untied States Department of Transportation
to have Type A packing or Type B packaging under regulations found in 49 CFR
173.426.
Any building, structure, enclosure or area that is or has been established
to serve the purpose for the consignment, placement and/or safekeeping of
any item, good and/or article.
The regulations set out in this chapter shall not apply to any vehicle
carrying no hazardous material except flammable liquid in a container or containers
having a total capacity of not over 110 gallons or 41.635 dekaliters by volume.
No hazardous material will be carried off any permitted route for delivery
in any vehicle larger than a tractor with one trailer.
A.
All vehicles used to transport hazardous materials anywhere
in the Township shall comply with all federal and state statutes, laws and
administrative rules and regulations governing the transportation of hazardous
materials now in effect or subsequently amended or maintained in a condition
that complies with all federal and state statutes, laws and administrative
rules and regulations governing the operation and automotive conditions of
such vehicles now in effect or subsequently amended or enacted.
B.
All storage containers used to contain hazardous materials
anywhere in the Township shall comply with all federal and state statutes,
laws and administrative rules and regulations governing the physical make
up and construction of such storage containers now in effect or subsequently
enacted or amended.
C.
All storage facilities used to house hazardous materials
anywhere in the Township shall comply with all Federal and State statutes,
laws and administrative rules and regulations governing the construction of
such facilities, the location of such facilities, the identification of such
facilities, the placement of hazardous materials within such facilities, route
of egress and ingress to, from and within such facilities, fire and safety
protection in such facilities, alarms for such facilities and the method and
manner of movement and storage of hazardous material within such facilities
now in effect or subsequently enacted or amended.
D.
In addition to the foregoing, all vehicles, storage containers and storage facilities shall strictly comply with Chapter 135, Fire Prevention, of the Code of the Township of Ridley in effect in the Township of Ridley as of the date of the passage of this chapter or any subsequent enactments, amendments or supplements to said Chapter 135.[1]
A.
In the event of a breakdown of a vehicle carrying hazardous
materials within the Township accompanied by a spill or escape of such materials
onto Township streets or private property, the person, firm or corporation
transporting such material as well as the owner and/or consignee of the material
shall be jointly and severally responsible for its physical containment, recovery
and removal and further shall be liable for any costs incurred by the Township
or other responsible persons or agencies acting with the same purpose of containment,
recovery and removal from the environment.
B.
In the event of a spill or escape of hazardous material
from a storage container while it is housed in a storage facility or while
it is being moved to, from or within a storage facility, causing such material
to spill or escape onto Township streets or private property, the person,
firm or corporation providing the storage facility as well as the owner and/or
consignee of the material shall be jointly and severally responsible for its
physical containment, recovery and removal and further liable for any costs
incurred by the Township or other responsible person or agencies acting with
the same purpose of containment, recovery and removal from the environment.
A.
In the event of a breakdown of a vehicle carrying hazardous
materials within the Township, accompanied by a spill or escape of such material
onto Township streets, public or private property, any waterway, sanitary
sewer line, stormwater sewer line or into the atmosphere or air, the person,
firm or corporation transporting such hazardous material shall immediately
notify the Township of Ridley Police Department, Township of Ridley Fire Department,
the Office of the Township Secretary and the Township Emergency Management
Coordinator stating the location of the spill, identity of the hazardous material
and all other relevant information known at that time by the person, firm
or corporation transporting said hazardous material.
B.
In the event of a spill or escape of hazardous material
from a storage container while it is housed in a storage facility or while
it is being moved to, from or within a storage facility, causing such material
to spill or escape onto Township streets, public or private property, any
waterway, sanitary sewer line, stormwater sewer line or into the atmosphere
or air, the person, firm or corporation storing or housing such hazardous
material shall immediately notify the Township of Ridley Police Department,
Township of Ridley Fire Department, the Office of the Township Secretary and
the Township Emergency Management Coordinator stating the location of the
spill, identity of the hazardous material and all other relevant information
known at that time by the person, firm or corporation storing or housing said
hazardous material.
Any dumping or spilling of any hazardous material, as defined in this
chapter, in or on Township streets, public or private property, any waterway,
sanitary sewer, stormwater sewer line or into the atmosphere or air for the
purpose of unlawful disposal of same is an expressed violation of this chapter.
Failure to promptly report a spill of hazardous material in or on Township
street, public or private property, any waterway, sanitary sewer, stormwater
sewer line or into the atmosphere or air or an attempt to disguise or otherwise
cover up said dumping or spilling, shall be considered conclusive evidence
of an intentional violation of this section.
Any person, firm or corporation violating any provision of this chapter
shall be fined $1,000, plus costs of prosecution, for each offense, and in
default of payment of such fine and costs, shall be imprisoned for not more
than 30 days; and a separate offense shall be deemed committed on each day
on which a violation occurs or continues.
