[HISTORY: Adopted by the Board of Supervisors of the Township of Birmingham 11-20-1995 by Ord. No. 95-07. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
HAZARDOUS MATERIALS
Any substance or material in a quantity or form which, in the determination of the Emergency Management Coordinator or his authorized representative, poses an unreasonable and imminent risk to life, health or safety of persons or property or to the ecological balance of the environment.
There is hereby created by the Board of Supervisors the office of Emergency Management Coordinator. The Coordinator shall be appointed by the Governor of the Commonwealth of Pennsylvania in accordance with applicable statutes and this chapter and shall serve at the pleasure of the Board of Supervisors with the responsibility for the administration and enforcement of the provisions of this chapter. In the absence of the Emergency Management Coordinator, the duties are to be assumed by the Assistant Emergency Management Coordinator, and in the absence of the Assistant, by the Chief of Police.
The Emergency Management Coordinator shall assume command of an incident involving hazardous materials, as defined herein, and immediately cause the Board of Supervisors to be notified of the situation. The Emergency Management Coordinator shall cause to be abated the effects of any hazardous materials deposited upon or into any property within the Township and shall identify those person or persons who intentionally, negligently or accidentally cause such deposits of hazardous materials.
In addition to the penalty provisions hereinafter set forth, at the discretion of the Board, the following costs can be recovered from any person, firm, partnership, association, corporation or entity who or which either intentionally, accidentally or negligently caused hazardous materials to be deposited upon or into any lands within the Township:
A. 
All disposable materials and supplies acquired, consumed and expended specifically for the purpose of the response to the hazardous material release.
B. 
All rental or lease charges for any equipment used specifically for the response, including, but not limited to, protective equipment, clothing, scientific and technical equipment.
C. 
Replacement costs for equipment that is contaminated beyond reuse or repair during the response.
D. 
Decontamination of equipment contaminated during the response.
E. 
Compensation of paid employees or members of a hazardous materials response team or supporting emergency service organization, said compensation to include regular and overtime pay, workmen's compensation, benefits, administrative overhead costs and other related personnel costs.
F. 
Special technical services required for the response, including, but not limited to, costs associated with the time and efforts of technical experts or specialists.
G. 
Laboratory and testing costs for purposes of analyzing samples or specimens taken during the response.
H. 
Other special services required for the response, including, but not limited to, utility costs.
I. 
Costs associated with the delivery of services, supplies and equipment used in conjunction with the response, including, but not limited to, the costs of evacuation.
J. 
All costs associated with the removal and disposal of the hazardous material.
K. 
The cost of any waiver and materials used by the Township and its designated agents.
L. 
Any and all other related costs that may be incurred as a result of the event.
[Amended 7-1-1996 by Ord. No. 96-08; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. Such person may also be held liable under the Hazardous Material Emergency Planning and Response Act and the penalty and fine provisions set forth at 35 P.S. § 6022.302.