[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.]
[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.
A.
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:
(1)
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.
(2)
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.
(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.
(4)
Material which on exposure would cause irritation but
only minor residual injury even if no treatment is given is to be marked No.
1.
(5)
If there is no special hazard, it is to be marked zero
(0).
B.
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:
(1)
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.
(2)
Liquids and solids that can be ignited under almost all
ambient temperature conditions are to be marked No. 3.
(3)
Material that must be moderately heated or exposed to
relatively high ambient temperatures before ignition can occur is to be marked
No. 2.
(4)
Material that must be preheated before ignition can occur
is to be marked No. 1.
(5)
If there is no special hazard, it is to be marked zero
(0).
C.
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:
(1)
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.
(2)
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.
(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.
(4)
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.
(5)
If there is no special hazard, it is to be marked zero
(0).
D.
Identification of materials indicating unusual reactivity
with water shall be made on a placard as indicated hereinbefore which is white
in color.
E.
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.
F.
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:
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.
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:
A.
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.
B.
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.
C.
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.
D.
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.
