Township of Hanover, PA Hazardous Materials

This chapter provides for the assessment of costs of maintenance, use or replacement of any and all equipment, labor or materials used to control, maintain, extinguish, defuse, respond to, clean up or alleviate hazardous conditions to the individual or entity responsible therefor; and provides procedures for assessment, collection and enforcement.

§ 92-3 Prohibition against release of certain substances.

No person shall, directly or indirectly, cause or permit any spill, release, discharge, emanation or issuance of any chemical, petroleum product, gas, industrial waste or any other materials which may create a hazard, risk, or peril to the health, safety or welfare of the Township, its residents or the general public.

§ 92-4 Liability for cleanup costs.

The person responsible for the spill, release, discharge, emanation or issuance of any of the substances described in § 92-3 hereof, as well as the owner of such released substances, shall be liable to the Township for the maintenance, use or replacement of any equipment, labor or materials used by the Township, or any agent thereof, to abate, extinguish, resolve, curb, contain, clean up, control or alleviate the effects of said spill, release, discharge, emanation or issuance.

For the purposes of this chapter, the phrase "equipment, labor and materials" shall include, but not be limited to, foam, dry chemicals, sand, absorbents, equipment contaminated or beyond repair, and other equipment, labor or materials deemed necessary by the Township or the emergency unit responding to abate the situation or condition.

For the purposes of this chapter, the term "person" shall mean any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

§ 92-5 Assessment of costs; payment.

The Fire Chief of the Hanover Township Volunteer Fire Department or other person designated by the Supervisors shall determine the cost of the maintenance, use and replacement of the equipment, labor and materials used or required as stated hereinbefore and shall assess such cost against the owner and the responsible person. A bill therefor shall be sent by certified mail, return receipt requested, to the owner and other responsible persons.

Payment shall be made to Hanover Township, Northampton County, 3630 Jacksonville Road, Bethlehem, Pennsylvania 18017, within 30 days of receipt of the bill.

§ 92-6 Violations and penalties.

In the event that any person shall have violated any provision of this chapter, including failure to make timely or complete payment, the Township may institute an appropriate action or proceeding to collect the same.

Any person who has violated any provision of this chapter shall receive a citation which sets forth those provisions of this chapter which were violated and, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, shall be guilty of a summary offense and shall be punishable by a fine of not less than $100 nor more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Each day that the required complete payment has not been tendered shall be deemed a separate offense.