[Ord. 535, 7/14/1992, § 1]
The Borough of West Homestead through its various emergency
services is authorized to clean up or abate, or cause to be cleaned
up or abated the effects of any hazardous materials or substances
deposited upon or into properties or facilities within the municipal
boundaries of the Borough of West Homestead or having a direct or
identifiable effect on person or property within the municipal boundaries
of the Borough of West Homestead 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 accidentally or negligently
caused such deposit shall be liable for all costs incurred by the
Borough of West Homestead result of such clean up or abatement activity.
The remedy provided by this Part shall be in addition to any other
remedies provided by other laws or ordinances of the Commonwealth
of Pennsylvania and the Borough of West Homestead.
[Ord. 535, 7/14/1992, § 2]
For purpose of this Part, "hazardous materials" shall be defined
as 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, flammable, corrosives
or materials listed in the hazardous substances list of the Pennsylvania
Department of Labor and Industry.
[Ord. 535, 7/14/1992, § 3]
For purposes of this Part, costs incurred by the Borough of
West Homestead shall include, but not limited to, the following: actual
labor cost of Borough personnel, including worker's 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.
[Ord. 535, 7/14/1992, § 4]
The authority to recover costs under this section shall not
include actual fire suppression services which are normally or usually
provided by the Fire Department.
