[Adopted 8-18-1982 by Ord. No. 1024]
As used in this article, the following terms
shall have the meanings indicated:
HAZARDOUS MATERIALS
As defined under Sections F-3000.1 through and including
F-3008.1 of the BOCA Basic Fire Prevention Code/1981.
If containers of hazardous chemicals are defective
in that they permit the spillage or leakage of contents, the containers
must be replaced or repaired promptly, and no spilled or leaked materials
shall be allowed to accumulate on floors or shelves.
The applicant shall report to the Fire Official
all hazardous materials stored or to be stored on the applicant's
premises. The public shall have access to all records, reports or
information contained in the hazardous materials storage or handling
permit applications as required by Section F-3000.2, including material
safety data sheets submitted to the Fire Official, and such documents
shall be available for inspection and reproduction during normal business
hours, unless the Fire Official shall consider a record, report or
information or particular portion thereof (but not emission or discharge
data concerning hazardous chemicals which are potentially toxic in
the environment), if made public, would divulge production or sales
figures or methods, processes or production unique to such applicant
or would otherwise tend to affect adversely the competitive position
of such applicant by revealing trade secrets. Nothing herein shall
be construed to prevent disclosure of such report, record or information
to the federal government or state agencies as may be necessary for
purposes of administration of any federal or state law or to any other
branch of government as may be necessary for public health, safety
or law enforcement purposes. Furthermore, the Fire Official shall
be empowered to release information subject to a claim of confidentiality
to a licensed physician or osteopath where the information is needed
for the purpose of medical diagnosis or treatment of a person exposed
to the hazardous chemical.
[Adopted 9-20-1994 by Ord. No. 94-10]
As used in this article, the following terms
shall have the meanings indicated:
ABATE AND/OR ABATEMENT
The cleanup, removal and remediation of any hazardous materials,
hazardous waste or hazardous substance as may be deposited or released
by an incident within Bristol Township, including such action as may
be necessary to monitor, assess and evaluate the threat of hazardous
substances to the public health, safety and welfare as well as action
required to prevent, minimize and mitigate damage to the public health
and all measures necessary to dispose of removed materials.
AUTHORIZED TOWNSHIP REPRESENTATIVES
The Township's Fire Marshal, Environmental Officer, Chief
of Police, Department of Public Works, the five Fire Departments,
the two Rescue Squads and any other consulting agencies that the Township
deems necessary.
HAZARDOUS SUBSTANCE
Includes all the substances now or hereafter listed as hazardous
substances by the Pennsylvania Department of Environmental Resources,
the Pennsylvania Department of Labor and Industry or the United States
Environmental Protection Agency.
INCIDENT
Any spilling, leaking, pumping, pouring, emptying, discharging,
injecting, leaching, dumping, evaporating or vaporizing of hazardous
substances or anything else which might be deemed the disposal or
emission of hazardous substances or any attempt to dispose of hazardous
substances except as permitted by law within Bristol Township.
PARTY
Includes all persons, businesses or other legal entities
who or which either own, rent, lease or otherwise are in possession
or control of property upon which an incident occurs or the owner,
transporter or other person or entity in control of or in possession
of the hazardous substance at the time of the incident.
PROPERTY
Any real property located within the Township of Bristol.
PUBLIC THOROUGHFARE
Any Township street, passageway, state highway, alley, county
bridge, any navigable waterway or any other roadway or watercourse
owned by a governmental unit.
TOWNSHIP
Bristol Township, Bucks County, Pennsylvania.
Costs for abatement of an incident shall include
but are not limited to the following:
A. Expenses incurred by any authorized Township representative,
including benefits and administrative costs.
B. Consultants retained by Bristol Township.
C. Salaries and benefits for Township employees used
in the abatement of the incident.
D. Costs of equipment operation.
E. Costs of materials obtained by Bristol Township.
F. Costs of contractual labor and materials obtained
by Bristol Township to effectuate or assist in the cleanup or abatement
of the incident.
G. Costs of the Township Solicitor and/or Engineer in
relation to the incident.
The authorized Township representatives, in
coordination with the Managing Director of the Township, may retain,
at the expense of the party(ies), independent environmental contractor(s),
engineer(s) and scientist(s) to investigate and certify that the incident
has been remediated to the Township's satisfaction.
The Township shall revoke and shall not reissue
a use and occupancy permit to the party(s) unless and until all provisions
of this article have been complied with.
Payment of all sums due pursuant to this article
are due and payable to the Township or a billing party, as the case
may be, within 30 days of the issuance of the invoice to a party by
either the billing party or the Managing Director of the Township.
In the event that payment is not received by the billing party or
the Township within said 30 days, the billing party's solicitor and
the Township's Solicitor are authorized to file the appropriate action
in a court of competent jurisdiction to recover said costs, plus attorney's
fees, costs of suit and interest as provided by law.