[Adopted 6-19-1989 by Ord. No. 89-7]
As used in this article, the following terms
shall have the meanings indicated:
The cleanup or removal of deposited hazardous substances,
including such actions as may be necessary to monitor, assess and
evaluate the potential threat of hazardous substances to the public
health, safety and welfare; actions to prevent, minimize and mitigate
damage to the public health and the disposal of removed materials.
Any spilling, leaking, pumping, pouring, emptying, discharging,
injecting, escaping, leaching, dumping or disposing.
Includes all the substances which pose a danger to the health,
safety or welfare of the public or which damage or impede the use
of public highways, sewers or other public improvements.
An individual, firm, corporation, association, partnership,
joint venture or other private or commercial entity.
The existence of hazardous substances deposited
upon public roadways, public lands or private property within the
Township shall be deemed a public nuisance and shall be abated immediately
by the person responsible for such deposit of hazardous substances.
The Board of Commissioners of the Township,
by its employees or agents, shall serve notice by any means practicable
upon the person responsible for the public nuisance. The notice shall
sufficiently describe the condition complained of and shall require
the nuisance to be abated within the time as served by the notice,
which shall not be less than five days, unless the Board of Commissioners
shall determine that the nature of the hazardous substance deposited
is of such nature as to pose an immediate threat to the public health,
safety and welfare.
Should any person responsible for a public nuisance
as described above herein fail, neglect or refuse to abate such condition
to the satisfaction of the Board of Commissioners or, if the Board
of Commissioners shall determine that the nature of the hazardous
substance deposited is of such nature as to pose an immediate threat
to the public health, safety and welfare, the Township shall act to
abate said public nuisance, and any cost of abatement by the Township
or other emergency service organization shall be paid by the person
who causes or contributes to the deposit of the hazardous substance.
A.
Any person or persons, firm or corporation who shall
violate any of the provisions of this article, upon conviction thereof,
shall be liable to pay a fine or penalty not to exceed $1,000 plus
costs of prosecution for each and every offense. All fines and penalties
imposed by this article are recoverable by summary proceedings before
the Magisterial District Judge, and all suits or actions at law instituted
for the recovery thereof are to be in the name and for the use of
Upper Gwynedd Township, against which the offenses are committed.
In default of payment of any fine or penalty imposed by any Magisterial
District Judge under the provisions of this article, the person or
persons so offending may be committed to the Montgomery County Prison
for a period not exceeding 30 days.[1]
B.
Each day a violation is committed shall constitute
a separate offense and shall be punishable as such hereunder.
C.
This section shall not preclude the Township from
any other remedy it may have at law or equity.
