[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.]
GENERAL REFERENCES
Air pollution — See Ch. 73.
Fire prevention — See Ch. 104.
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.
(1) 
Special equipment and/or materials may include but are not limited to:
(a) 
Foam.
(b) 
Dry chemical extinguisher.
(c) 
Sand.
(d) 
Any other equipment and/or material or materials deemed necessary by the Fire Chief of the Borough of Wilson or the officer in charge.
(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.