[HISTORY: Adopted by the Borough Council
of the Borough of Wilson 1-13-1992 by Ord. No. 633, approved 1-13-1992. Amendments
noted where applicable.]
It shall be unlawful for any individual, partnership,
limited partnership, association, firm or corporation to spill or
otherwise discharge any petroleum-type product, chemical product and/or
hazardous materials within the Borough of Wilson.
A.
The owner of petroleum and/or chemicals and/or hazardous
materials and/or the carrier of any such material whatsoever, including
a pipeline carrying said products, shall be liable to the Borough
of Wilson for control, extinguishing and/or cleanup of petroleum-type
or chemical- or hazardous-material-type spills and/or fires involving
said chemicals or petroleum or hazardous materials in the Borough
of Wilson. In the event of the failure by the owner and/or carrier
of such materials to comply with this section within the time deemed
necessary by the Borough, the Borough may perform the work as it deems
appropriate.
B.
The owner of any such materials and/or the carrier
of any such material spilled or otherwise discharged within the Borough
of Wilson shall be liable to the Borough of Wilson for the cost of
any special equipment and material and the cost of labor used by the
Borough of Wilson to cleanup or control such materials or to extinguish
fires resulting therefrom.
(2)
The cost of labor shall be the actual wage rates,
including fringe benefits, paid by the Borough of Wilson to all personnel
involved in the extinguishing of any such fire or in cleaning up any
spill involving chemicals or petroleum or hazardous materials.
(3)
The owner of any such materials and/or the carrier
of said materials shall also be liable for the cost of any temporary
storage of chemicals or petroleum or hazardous materials and/or the
cost of disposing of same.
Bills for the amount of the above-described
costs shall be forwarded by the Fire Department to the Borough Manager,
who shall bill the above-described liable party. If payment is not
made in full within 30 days from the date of mailing of said bill,
the Borough Manager shall turn the matter over to the Borough Solicitor
for collection.
Any individual, partnership, limited partnership,
association, firm or corporation violating this chapter shall, upon
conviction thereof in a summary proceeding before a District Justice,
be sentenced to pay a fine of not less than $10 nor more than $300,
together with costs of prosecution, and, in default thereof, undergo
imprisonment in Northampton County Prison for not more than 30 days.
