[HISTORY: Adopted by the Borough Council of the Borough of
Emsworth as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 198.
[Adopted 1-10-2007 by Ord. No. 953[1]]
[1]
Editor's Note: This ordinance superseded former Art.
I, Hazardous Materials Cleanup, adopted 12-10-1986 by Ord. No. 825.
The Borough of Emsworth through its various hazardous materials
and/or emergency services is empowered to clean up or abate or cause
to be cleaned up or abated the effects of any hazardous materials
or other substances deposited upon, on or into properties or facilities
within the municipal boundaries of the Borough of Emsworth or having
a direct or identifiable effect on person or property within the municipal
boundaries of the Borough of Emsworth, including, but not limited
to, traffic control, vehicle extrication, evacuation, relocation,
substance monitoring, establishment of medical care facilities and
all other costs incurred in the mitigation of any emergency situation
or condition; and any person or persons, partnership, corporation
or corporations who intentionally, accidentally or negligently caused
such deposit shall be liable for all costs incurred by the Borough
of Emsworth as a result of such clean up or abatement activity. The
remedy provided by this article shall be in addition to any other
remedies provided by other laws or ordinances of the Commonwealth
of Pennsylvania and the Borough of Emsworth.
As used in this article, the following terms shall have the
meanings indicated:
Any substances or materials in a quantity or form which,
in the determination of the Emergency Management Coordinator or his
or her authorized representative, pose an unreasonable and 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 substances
list of the Pennsylvania Department of Labor and Industry.
For purposes of this article, costs incurred by the Borough
of Emsworth hazardous materials and/or emergency services shall include,
but not be limited to, the following: actual labor cost of Borough
personnel, including workers' 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. In addition to the former, other costs incurred by the
Borough of Emsworth shall include mitigation, damages, lost equipment,
items that become contaminated which entail emergency supplies or
equipment.
