[HISTORY: Adopted by the Council of the Borough of Baden as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-17-1988 by Ord. No. 777]
For the purposes of this article, the following terms shall have the definitions ascribed to them:
- CHEMOTHERAPEUTIC WASTE
- All waste generated by or resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells. Chemotherapeutic waste shall not include any waste containing antineoplastic agents that are listed as hazardous waste under 25 Pa. Code 75.261 (relating to criteria, identification and listing of hazardous waste).
- DANGEROUS WASTE
- Infectious wastes or chemotherapeutic wastes or hazardous wastes or any combination thereof.
- HAZARDOUS WASTE
- The same as "hazardous waste" under the federal regulations promulgated by the United States Environmental Protection Agency and codified at 40 CFR 261.3. Said 40 CFR 261.3 is incorporated herein by reference. All lists in 40 CFR 261, Subpart D, and the Appendices to Part 261 are also expressly incorporated by reference. The term "hazardous waste" as used herein also includes any substance or mixture containing polychlorinated biphenyls (PCBs) at greater than a concentration of 1/10 of 1% when such substance or mixture is not intended for beneficial use or reuse. Radioactive waste and by-products, as defined by the Code of Pennsylvania, 1975, are expressly excluded from this definition.
- HOSPITAL WASTE
- Waste of any sort generated by nursing homes, hospitals or clinics for the treatment of disease, and like institutions or businesses. The term shall also include paper products, bedding, towels, containers or cleaning implements that have been exposed to infectious, chemotherapeutic or pathological wastes, solid wastes and/or hazardous wastes generated by nursing homes, hospitals or clinics for the treatment of disease or like institutions or businesses.
- INFECTIOUS WASTE
- Waste that contains or may contain any disease-producing microorganism or material. Infectious wastes include but are not limited to the following:
- A. Those wastes that are generated by hospitalized patients who are isolated in separate rooms in order to protect others from their severe and communicable disease.
- B. All cultures and stocks of etiologic agents.
- C. All waste blood and blood products.
- D. Tissues, organs, body parts, blood and body fluids that are removed during surgery and autopsy and other wastes generated by surgery or autopsy of septic cases or patients with infectious diseases.
- E. Wastes that were in contact with pathogens in any type of laboratory work, including collection containers, culture dishes, slides, plates and assemblies for diagnostic tests; and devices used to transfer, inoculate and mix cultures.
- F. Sharps, including hypodermic needles, suture needles, disposable razors, syringes, Pasteur pipettes, broken glass and scalpel blades.
- G. Wastes that were in contact with the blood of patients undergoing hemodialysis at hospitals or independent treatment centers.
- H. Carcasses and body parts of all animals which were exposed to zoonotic pathogens.
- I. Animal bedding and other wastes that were in contact with diseased or laboratory research animals or their excretions, secretions, carcasses or body parts.
- J. Waste biologicals (e.g., vaccines) produced by pharmaceutical companies for human or veterinary use.
- K. Food and other products that are discarded because of contamination with etiologic agents.
- L. Discarded equipment and equipment parts that are contaminated with etiologic agents and are to be discarded.
- The holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed of, moved or stored elsewhere.
- The same as "solid waste" under federal regulations promulgated by the United States Environmental Protection Agency and codified at 40 CFR 261.2. Said 40 CFR 261.2 is incorporated by reference herein.
The streets and roads of the Borough of Baden, being generally narrow, winding and, in places, congested and not generally designed to accommodate heavy or constant truck traffic, the Borough Council may from time to time designate certain routes and/or particular streets for use by motor vehicle trucks hauling dangerous waste. The following streets are the only streets in the Borough of Baden designated at this time for transportation by truck of hospital and infectious wastes:
No such motor vehicle truck shall exceed the load limit for any such route or road.
Trucks carrying dangerous waste within the Borough of Baden are hereby limited to 30 miles per hour on Route 65, 25 miles per hour on State Street and 25 miles per hour on Phillips Street and any other state or Borough road within the Borough of Baden that may eventually be approved for use by such trucks bearing dangerous wastes.
No motor vehicle carrying dangerous wastes shall follow within 125 feet of any other vehicle when within the Borough limits, provided that this section shall not apply to trucks following state or city police vehicles.
Motor vehicle trucks carrying dangerous wastes shall operate only during approved hours and not during the hours that citizens generally travel to or from their jobs or the schools of the area. The only allowable hours, for purposes of this section, are deemed to be from 9:00 a.m. to 2:15 p.m. and 8:00 p.m. to 2:30 a.m.
No truck carrying dangerous wastes may operate when the temperatures are below 32° F. and rain or other precipitation has occurred either within the last two hours or is expected within the next eight hours. Expectations shall be determined by reference to the official United States Weather Service forecast for the Mobile County area then current; such an expectation shall be deemed to exist if that forecast predicts over a thirty-percent possibility of such precipitation.
No truck carrying dangerous wastes may be operated during any officially designated hurricane or tornado watch or during any period where winds exceed 50 miles per hour or have exceeded 50 miles per hour at any time within the last four hours.
All trucks carrying dangerous wastes in the Borough of Baden shall operate with their headlights on at all times.
All trucks carrying dangerous wastes in the Borough of Baden shall be equipped with two-way radios capable of receiving from and transmitting to the police and other emergency vehicles operated by the Borough of Baden. Such radios shall also be capable of communicating with the Beaver County Communications Center.
Each truck hauling hazardous wastes shall carry and have available for inspection the manifest required for transportation of hazardous wastes under the Resource Conservation and Recovery Act or federal or state regulations implementing that Act. Such manifest shall be presented upon request of any Baden police officer.
Each driver shall get out of his vehicle prior to entering the Borough of Baden and conduct a careful visual inspection of the entire truck and the ground under it to determine if such truck is leaking or is in any other way damaged. This inspection shall be repeated any time such truck is stopped within the Borough of Baden for over 30 minutes.
Each driver of any such truck shall immediately report any accident or collision involving his truck to the Borough of Baden police via his two-way radio.
No driver of a motor vehicle truck hauling dangerous wastes in the Borough of Baden shall be permitted to enter the Borough of Baden with such truck unless such driver or the owner or consignor of such dangerous wastes shall first have deposited with the Borough Secretary an indemnity with limits of not less than $50,000,000 per occurrence. Such bond shall be conditioned to pay all or part of such sum as damages or restitution to the Borough of Baden unless the responsible party shall reimburse any person, firm, partnership, trust or corporation, including the Borough itself, for any damages to person, property or natural resources resulting from the hauling of such dangerous wastes or accidents or spills incident thereto in the Borough of Baden.
Any truck or vehicle carrying dangerous wastes shall comply with all Department of Environmental Resources and state regulations and laws pertaining thereto.
Except as provided for by Department of Environmental Resources regulations, the storage of dangerous wastes in one place for over 24 hours within the Borough of Baden is entirely prohibited. Storage in separate places within the Borough for a cumulative total of 48 hours or more is also prohibited.
For purposes of this chapter, all hospital waste will be presumed to contain dangerous wastes.
Any person who operates a motor vehicle truck in violation of any of the provisions of this article shall, upon conviction, be fined not less than $100 nor more than $500 and may, in addition or alternatively, be sentenced to jail for a period or term not exceeding 90 days. Such sentences may not be suspended.
[Adopted 4-18-2018 by Ord. No. 957]
Editor’s Note: This ordinance also provided for the repeal of former Art. II, Reimbursement for Abatement, adopted 11-15-2000 by Ord. No. 857.
The Department is hereby authorized and directed, by its officers and authorized representatives, to ascertain what insurance coverages may be applicable and available under any given circumstance and to take all necessary and affirmative steps to apply for and receive reimbursement from any insurance carrier where a property owner and/or vehicle owner/operator is or may be insured to reimburse the Department for any cost and/or expense incurred for services, supplies, and/or equipment used for or provided to the property owner and/or the vehicle owner/operator by the Department.
Editor’s Note: “The Department” refers to the Baden Volunteer Fire Department.
Under no circumstances shall any property owner or vehicle owner/operator within the Borough of Baden ever receive a bill from the Department for fire protection or other services provided by the Department except in cases of multiple false alarms and fires intentionally set by the property owner.
This article shall be liberally construed to accomplish its purpose to compensate and/or reimburse the Department from insurance proceeds only for costs and/or expenses incurred while providing service.
Baden Borough authorizes the Department to recover costs including, but not limited to, firefighting, vehicle rescue, and material used and expended; the costs of the use of the fire apparatus and squad rescue equipment; the costs of hazardous situation abatement material involving any fire, safety, and rescue incidents; or operation and hazardous abatement incidents, including vehicular accidents and fires within the Borough or any other area in which the Department is in agreement to provide such services.
The Borough may, by resolution, from time to time, establish, revise, amend or rescind a schedule of fees that may be charged by the Department.
In all cases where the Department is indemnified by the property owner's or vehicle owner's/operator's insurance coverage, the Department may elect to accept the amount provided for under said insurance as payment in full, even though it is less than the sum requested.
The costs and fees shall be recovered directly by the Department by direct billing by the Department or by a collection service or agency contracted with the Department. The Department shall also be authorized to collect the costs and fees associated with any collection service or agency contracted with the Department, and the Department shall be authorized to collect the reasonable interest and administration fees for collecting the costs and fees.
In the event that any insurance carrier fails to pay any bill or invoice within 30 days of the mailing or delivery of such notice of charges, the Department or agency contracted with the Department who mailed or delivered the bill or invoice may enforce the provisions of this article by filing a civil action of law in a court of competent jurisdiction for the collection of any amount due to the Department, together with statutory interest, court costs, collection fees, and reasonable attorneys' fees. The remedies provided herein shall be in addition to any other relief, remedies or penalties that may be appropriate or provided by law.
If any section, subsection, sentence, clause, phrase or portion of this article is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. It is hereby declared to be the intent of the Borough Council that this article would have been adopted had such unconstitutional, illegal, or invalid section, subsection, sentence, clause, phrase or portion not been included herein.
The Borough Council may, in its sole discretion, waive a provision or requirement of this article under exceptional circumstances, but only where the waiver will not distort the overall concept contained herein and will not adversely affect the general health, safety and welfare of the public.