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.