[HISTORY: Adopted by the Board of Commissioners of the Township of Penn 2-21-2000 by Ord. No. 727-2000. Amendments noted where applicable.]
The Township of Penn does hereby prohibit the dumping of any hazardous materials or substances upon or into properties within the municipal boundaries of the Township of Penn.
As used in this chapter, the following terms shall have the meanings indicated:
- HAZARDOUS MATERIALS or SUBSTANCES
- Any material or substance which may have a direct or identifiable effect on persons or property within the municipal boundaries of the Township of Penn, or any such substances or materials in a quantity or form which, in the determination of the Township Manager or his authorized representative, poses an unreasonable or imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, and shall include, but not be limited to, such substances as explosives, radioactive materials, petroleum products or gases, poisons, etiologic (biologic) agents, flammables, corrosives or materials listed in the Hazardous Substance list of the Pennsylvania Department of Labor and Industry, the Solid Waste Management Act, 35 P.S. § 6018.103 and the Worker and Community Right-to-Know Act, 35 P.S. § 7303.
- Includes any individual, firm, corporation, association or partnership or other legal entity.
The Township of Penn hereby authorizes and directs its various emergency services, township employees or any other persons employed by the township for such purposes to clean up or abate, or cause to be cleaned up or abated, the effects of any hazardous materials or substances deposited upon or into properties or facilities within the municipal boundaries of the Township of Penn, including such properties and activities, but not limited to, traffic control, evacuation, relocation, substance monitoring and establishment of medical care facilities, and to recover from such persons responsible for the same any and all costs incurred in the mitigation of the situation. Any person or persons who intentionally or accidentally or negligently caused such deposit shall be liable for all costs incurred by the Township of Penn or incurred by the township in the cleanup or abatement activities. The remedies provided by this chapter shall be in addition to all other remedies provided by other laws or ordinances of the Commonwealth of Pennsylvania and the Township of Penn.
For purposes of this chapter, costs incurred by the Township of Penn shall include, but are not limited to, actual labor cost of township personnel, including workman's compensation benefits, fringe benefits, administrative overhead, cost of equipment operation, cost of special fire extinguishing agents used and cost of any contracted labor and materials; and further, it shall include any costs incurred by volunteer fire companies, emergency medical companies, the Department of Police of the Township of Penn and any other agency or contractor engaged in the abating or cleaning up of the effects of any such hazardous materials or substances deposited upon or into properties, facilities, roads or streets of the Township of Penn.