[HISTORY: Adopted by the Town Council of the Municipality of Kingston: Art. I, 4-18-1990 as Ord. No. 1990-5; Art. II, 10-15-1990 as Ord. No. 1990-28. Amendments noted where applicable.]
Article I Identification
Article II Reimbursement for Expenses
[Adopted 4-18-1990 as Ord. No. 1990-5]
Hazardous materials on premises in the Municipality of Kingston shall be identified by color and order of severity indicated numerically on placards made of metal or plastic, eighteen by eighteen (18 x 18) inches in size and paid for and installed by the owner or occupant of the premises on no less than two (2) sides of the structure, visible from a public thoroughfare of the municipality.
Identification of the health hazard shall be made on placards indicated hereinbefore which are blue in color and marked numerically as to severity as follows:
Material which on very short exposure could cause death or major residual injury even though prompt medical treatment is given is to be marked No. 4.
Material which on short exposure could cause serious temporary or residual injury even though prompt medical treatment is given is to be marked No. 3.
Material which on intense or continued exposure could cause temporary incapacity or possible residual injury unless prompt medical treatment is given is to be marked No. 2.
Material which on exposure would cause irritation but only minor residual injury even if no treatment is given is to be marked No. 1.
Identification of inflammability shall be made on a placard as indicated hereinbefore which is red in color and marked numerically as to severity as follows:
Material which will rapidly or completely vaporize at atmospheric pressure and normally ambient temperature which is readily dispersed in air and which will burn steadily is to be marked No. 4.
Liquids and solids that can be ignited under almost all ambient temperature conditions are to be marked No. 3.
Material that must be moderately heated or exposed to relatively high ambient temperatures before ignition can occur is to be marked No. 2.
Material that must be preheated before ignition can occur is to be marked No. 1.
Identification of reactivity shall be made on a placard as indicated hereinbefore which is yellow in color and marked numerically as to severity as follows:
Materials which in themselves are readily capable of denotation or of explosive decomposition or reaction at normal temperature and pressure are to be marked No. 4.
Materials which in themselves are capable of detonation or of explosive reaction but require a strong initiating source or which must be heated under a confinement before ignition or which react explosively with water are to be marked No. 3.
Materials which in themselves are normally unstable and readily undergo violent chemical change but do not detonate and also materials which may violently react with water or which may form potentially explosive mixtures are to be marked No. 2.
Materials which in themselves are normally stable which can become unstable at elevated temperatures and pressures or which may react with water with some release of energy but not violently are to be marked No. 1.
Identification of materials indicating unusual reactivity with water shall be made on a placard as indicated hereinbefore which is white in color.
The aforesaid placards are to be installed at least on two (2) sides of the building in which the hazardous materials are contained and of which, at least one (1) of the placards can be easily seen and identified by anyone without trespassing on said premises.
The Fire Safety and Prevention Officer or his representatives of the Municipality of Kingston shall inspect all buildings containing hazardous materials, whether they are commercial, industrial or domestic, at least once a year to ascertain whether there is compliance with the provisions of this Article.
The owner or lessee of any premises upon which hazardous materials are stored or otherwise maintained shall deliver to the Kingston Municipal Police Department and the Kingston Municipal Fire Department, within ten (10) days of the placement of hazardous materials upon any premises, a materials safety data sheet (MSDS) with respect to each hazardous material. Said material safety data sheet (MSDS) shall be a written document prepared by a manufacturer, supplier or importer, as prepared in conformity with the Pennsylvania Right-to-Know Law, Act of October 5, 1984, P.L. 734, No. 159, 35 P.S. § 7317, for the purpose of transmitting information concerning a chemical.
Any person, partnership, association, syndicate, company, firm or corporation violating any provision of this Article shall, upon summary conviction thereof, be sentenced to pay a fine not exceeding three hundred dollars ($300.) and costs of prosecution and, in default of payment of such fine and costs of prosecution, may be sentenced to imprisonment in the Luzerne County Correctional Facility for a period not exceeding thirty (30) days. Each day a violation exists shall constitute a separate offense.
[Adopted 10-15-1990 as Ord. No. 1990-28]
As used in this Article, the following terms shall have the meanings indicated:
- EXTRAORDINARY EXPENSES
- Those expenses and those related costs and fees that are incurred by the municipality for actual costs or charges for labor, materials and any other costs associated with the use of a specialized extinguishing or abatement agent or chemical neutralizer or similar equipment or material that is employed to monitor, extinguish, confine, neutralize, contain, clean or remove any hazardous material that is or may be involved in fire or released into the air, ground or water or the potential threat of any release or fire and any and all activities associated with the implementation of a protective action (i.e., evacuation) to protect the public health, safety and welfare.
- EXTRAORDINARY SERVICE
- A service performed by any municipal department or employee or any public or private sector organization, agency or company directly associated with mitigating the hazard or potential hazard or involved in providing services to implement a protective action. "Extraordinary services" may include but are not limited to the abatement and disposition of hazardous materials, spills, releases or the threat of spills or releases of hazardous materials, utility line breaks or leakages and other imminent or perceived or potential threats to the health, safety and welfare of the public that may be detailed or contemplated in the definition of "extraordinary expenses" above.
The Administrator or Finance Secretary of the Municipality of Kingston shall collect all fees as follows:
Fees and costs (including overhead costs) shall encompass all personnel, equipment, materials and maintenance expenses in such a form as to insure for full reimbursement for charges from both the public and private sectors actually rendered. A particular cost or fee schedule need not be set forth in this section or elsewhere in the municipal ordinances or by further formal action by the Town Council. The Town Council's approval of this section shall constitute authorization for the Administrator or Finance Secretary to collect all such fees and costs (including overhead costs) pursuant to the receipt of related expenditures or costs that are submitted to the municipality by affected public and private bureaus, agencies, departments or companies.
Within thirty (30) days of the date of the extraordinary or dangerous occurrence giving rise to the extraordinary service, the affected public agencies, departments or private companies shall submit their extraordinary service-related costs, fees, charges and expenses to the Administrator or Finance Secretary for review. At such time as all costs, fees, charges and expenses related to the extraordinary service have been collected and reviewed, but in any case not later than sixty (60) days from the date of determining the combined cost of rendering extraordinary services, the Administrator or Finance Secretary shall submit a bill for all costs, fees, charges and expenses to the owner, agent or manager of the vehicle or fixed facility which caused the need for extraordinary services, with a demand that a full remittance be made within thirty (30) days of receipt.
In cases of hardship or where circumstances are such that a full remittance cannot be made to the Municipality of Kingston within the thirty-day period, the Administrator shall hereby authorize the Municipal Solicitor to enter into negotiations with the owner or his agent for an extended payback period of time not to exceed six (6) months.
All moneys received under the provisions of this Article shall be placed into the general fund, and reimbursement shall be made to all public and private sector departments and agencies who had submitted related costs, fees, charges and expenses for providing an extraordinary service, as outlined herein.
The Municipality of Kingston may enforce the provisions of this Article by civil action in a court of competent jurisdiction for the collection of any amounts due hereunder, plus attorneys' fees, or for any other relief that may be appropriate.
Nothing in this Article shall authorize any bureau, department or personnel or staff member of the Municipality of Kingston to refuse or delay an emergency service to any person, firm, organization or corporation that has not reimbursed the Municipality of Kingston for extraordinary services. Furthermore, nothing in this section shall be construed to demand reimbursement to the Municipality of Kingston for those municipal services that are normally provided to municipal residents and others as a matter of the municipality's general operating procedure and for which the levying of taxes or the demand for reimbursement is normally made.