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:
CFR
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.
COMPRESSED GAS
Any substance regulates as a compressed gas by the United States
Department of Transportation by regulations found in 49 CFR 173.300.
FLAMMABLE LIQUID
Any substance regulated as a flammable liquid by the United States
Department of Transportation by regulations found in 49 CFR 173.115.
FLAMMABLE SOLID
Any substance regulated as a flammable solid by the United States
Department of Transportation by regulations found in 49 CFR 173.150.
HAZARDOUS MATERIALS
A.
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.
B.
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.
POISON
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.
RADIOACTIVE MATERIALS
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.
STORAGE FACILITY
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.
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.