[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:
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.
