[Ord. No. 958,
§ 1, 12-8-1986]
The following definitions shall apply in the interpretation
and enforcement of this article:
The clean-up or removal of such hazardous substances as may
be deposited in Plymouth Township, including such action as may be
necessary to monitor, assess and evaluate the threat of hazardous
substances to the public health, safety and welfare as well as action
required to prevent, minimize and mitigate damage to the public health
and to dispose of removed materials.
The Township Fire Marshal or Deputy Fire Marshal, Chief of
Police or senior police officer in charge, chiefs or senior officers
of Harmonville and/or Plymouth fire companies.
As used herein, shall mean spilling, leaking, pumping, pouring,
emptying, discharging, injecting, leaching, dumping or otherwise disposing
of hazardous substances within Plymouth Township.
All the substances now or hereafter listed as hazardous substances
by the Pennsylvania Department of Environmental Resources, the Pennsylvania
Department of Labor and Industry, or the United States Environmental
Protection Agency.
An individual, firm, corporation, association, partnership,
joint venture or other private or commercial entity.
The transporter of a hazardous substance at the time the
substance is deposited in Plymouth Township or the person who deposited
or who caused a hazardous substance to be deposited in Plymouth Township,
or both.
[Ord. No. 958,
§ 2, 12-8-1986]
The existence of hazardous substances deposited upon public
roadways, public lands or private property within the Township shall
be deemed a public nuisance of the nature which constitute an actual
or potential threat to the public health, safety and welfare and shall
be abated immediately.
[Ord. No. 958,
§ 3, 12-8-1986]
Plymouth Township, by its employees or agents, shall serve notice
upon the person responsible for the public nuisance resulting from
the deposit of hazardous waste within the Township. The notice shall
sufficiently describe the condition complained of and shall require
the nuisance to be abated within 72 hours of service of notice. Service
of notice shall be deemed to have been made upon posting of written
notice, delivery of a telegraph, or oral communication of the notice,
whether made personally or by telephone.
[Ord. No. 958,
§ 4, 12-8-1986]
Should the person or persons responsible for a public nuisance
as described herein fail, neglect or refuse to abate such condition
to the satisfaction of authorized representatives of the Township,
or if Township representatives shall determine that the nature of
the hazardous substance deposited in the Township is of such nature
as to constitute an immediate threat to the public health, safety
and welfare, the Township shall act to abate the public nuisance,
and the cost of abatement shall be paid by the person responsible
for deposit of the hazardous substance in the Township.
[Ord. No. 958,
§ 5, 12-8-1986; Ord. No. 1000, § 3, 11-14-1988]
Whenever any person, firm or corporation has been notified by any of the duly authorized and constituted representatives of the Township of the violation of any provision of this article, or by service of summons or prosecution, or in any other way that such a violation has been committed, each day of violation shall constitute a separate offense punishable as provided in Section 1-9(a) of this Code.
