[HISTORY: Adopted by the Board of Commissioners of the Township of Aleppo as indicated in article histories. Amendments noted where applicable.]
Article I Reimbursement for Cleanup Costs
[Adopted 5-10-1988 by Ord. No. 140]
The Township of Aleppo, through its various emergency services, is empowered to clean up or abate, or cause to be cleaned up or abated, the effects of any hazardous materials or substances deposited upon, on or into properties or facilities within the municipal boundaries of the Township of Aleppo or having a direct or identifiable effect on person or property within the municipal boundaries of the Township of Aleppo, including, but not limited to, traffic control, evacuation, relocation, substance monitoring, establishment of medical care facilities and all other costs incurred in the mitigation of the emergency situation, and any person or persons, partnership, corporation or corporations who intentionally or accidently or negligently caused such deposit shall be liable for all costs incurred by the Township of Aleppo as a result of such cleanup 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 Township of Aleppo.
As used in this article, the following terms shall have the meanings indicated:
- HAZARDOUS MATERIAL
- Any substances or materials in a quantity or form which, in the determination of the Emergency Management Coordinator or his authorized representative, poses 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 Township of Aleppo emergency services shall include, but not be limited to, the following: actual labor cost of Township personnel, including worker's compensation benefits, fringe benefits, administrative overhead, costs of equipment operation, cost of special fire-extinguishing agents used and costs of any contracted labor and materials.
The authority to recover costs under this article shall not include actual fire-suppression services which are usually or customarily provided by the Fire Department.