Township of Upper Providence, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Providence 7-5-1988 by Ord. No. 282. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 85.
For the purpose of this chapter, the following terms shall be defined as follows:
ABATE
The cleanup or removal of deposited hazardous substances, including such actions as may be necessary to monitor, assess and evaluate the potential threat of hazardous substance to the public health, safety and welfare, actions to prevent, minimize and mitigate damage to the public health and the disposal of removed materials.
DEPOSIT
Any spilling, leaking, pumping, pouring, emptying, discharging, injecting, escaping, leaching, dumping or disposing.
HAZARDOUS SUBSTANCE
Includes all the substances listed as hazardous substances by the Pennsylvania Department of Environmental Protection, the Pennsylvania Department of Labor and Industry and the United States Environmental Protection Agency pursuant to the various regulations in place at the time of the adoption of this chapter.
[Amended 6-2-2008 by Ord. No. 490]
PERSON
An individual, firm, corporation, association, partnership, joint venture or other private or commercial entity.
The existence of hazardous substances deposited negligently or intentionally upon public roadways, public lands or private property within the township shall be deemed a public nuisance and shall be abated immediately by the person responsible for such deposit of hazardous substances.
The Board of Supervisors of the township, by its employees or agents, shall serve notice upon the person responsible for the public nuisance. The notice shall sufficiently describe the condition complained of and shall require the nuisance to be abated within 10 days of the mailing of the notice.
Should any person responsible for a public nuisance as described herein fail, neglect or refuse to abate such condition to the satisfaction of the Board of Supervisors or if the Board of Supervisors shall determine that the nature of the hazardous substance negligently or intentionally deposited is of such nature as to pose an immediate threat to the public health, safety and welfare, the township shall act to abate said public nuisance, and any cost of abatement by the township shall be paid by the person who negligently or intentionally deposited the hazardous substance.
Any person who shall violate any of the provisions of this chapter or who should fail to comply with any notice of violation described herein, upon conviction before a District Justice within the magisterial district of which the Township of Upper Providence is part, shall be fined not less than $100 and not more than $1,000 after a summary proceeding brought in the name of the township before the said District Justice. A new and separate offense shall be deemed to be committed for each day that such violation exists. In default of the payment of any fine or penalty imposed and the costs, under the provisions of this chapter, the person or persons that are charged may be sentenced to be committed to the county jail for a period not exceeding 30 days.