[HISTORY: Adopted by the Borough Council of the Borough of Tarentum
at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments
noted where applicable.]
The governing body of the Borough of Tarentum hereby designates the
Fire Department as the hazardous materials incident command agency for all
hazardous materials incidents within the limits of the borough.
As used in this chapter, the following terms shall have the following
meanings, unless the context clearly indicates that a different meaning is
intended:
All of the activities conducted in order to prevent or mitigate injury
to human health or to the environment from a release or threatened release
of any material into or upon the environment.
Any public employee, including but not limited to any fire fighter
or emergency rescue personnel, who responds to any condition caused, in whole
or part, by a hazardous material that jeopardizes or could jeopardize public
health or safety or the environment.
The Fire Chief of the borough or appointed designee.
Any person who handles hazardous material.
Any material that, because of its quantity, concentration or physical
or chemical characteristics, poses significant present or potential hazard
to human health and safety or to the environment if released into the workplace
or the environment. Hazardous materials include but are not limited to hazardous
substances, hazardous waste and any material which a handler or the Fire Chief
has a reasonable basis for believing to be injurious to the health and safety
of persons or harmful to the environment if released into the workplace or
the environment.
Any substance or chemical product for which any of the following
applies to the substance in the quantity involved:
A.
The manufacturer or producer is required to prepare an
MSDS for the substance or product pursuant to any applicable federal law or
regulation.
B.
The substance is listed as a radioactive material in Chapter 1 of Title 10 of the Code of Federal Regulations.
C.
The substance is listed as a radioactive material in
Title 10 of the Code of Federal Regulations, Part 110, Appendix B.
D.
The substance is classified as a pesticide in accordance
with applicable state law and regulations.
E.
HAZARDOUS WASTE OR EXTREMELY HAZARDOUS WASTE
A substance is classified by the United States Environmental
Protection Agency as a priority organic pollutant.
Any material or substance of which any one of the following applies:
F.
The substance is identified as a hazardous waste substance
by state law.
G.
The substance is identified as an extremely hazardous
waste by state law.
H.
MSDS
PERSON
RECOVERABLE EXPENSES
The substance is identified in the Code of Federal Regulations,
Title 40, Sections 261.31 through 261.33, inclusive.
A material safety data sheet prepared pursuant to state law or pursuant
to the regulations or the Occupational Safety and Health Administration of
the United States Department of Labor.
An individual, trust, firm, joint-stock company, corporation, partnership
or association.
In general, those expenses that are reasonable, necessary and allocable
to the emergency action. Expenses allowable for recovery may include but are
not limited to:
I.
Disposable materials and supplies acquired, consumed
and expended specifically for the purpose of the emergency action.
J.
Compensation of employees for the time and efforts devoted
specifically to the emergency action.
K.
Rental or leasing of equipment used specifically for
the emergency action (such as protective equipment or clothing and scientific
and technical equipment).
L.
Replacement costs for equipment owned by the borough
that is contaminated beyond reuse or repair, if the equipment was a total
loss and the loss occurred during the emergency action (such as self-contained
breathing apparatus irretrievably contaminated during the response).
M.
Decontamination of equipment contaminated during the
response.
N.
Special technical services specifically required for
the response (such as costs associated with the time and efforts of technical
experts or specialists not otherwise provided for by the borough).
O.
Other special services specifically required for the
emergency action.
P.
Laboratory costs of analyzing samples taken during the
emergency action.
Q.
Costs of cleanup, storage or disposal of the released
material.
R.
Costs associated with the services, supplies and equipment
procured for a specific evacuation.
S.
Medical expenses incurred as a result of response activities.
T.
RELEASE
STORE
THREATENED RELEASE
Legal expenses that may be incurred as a result of the
emergency action, including efforts to recover expenses pursuant to this chapter.
Any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
injecting, excepting, leaching, dumping or disposing into the environment.
The containment of substances or materials in such a manner as not
to constitute disposal of such substances or materials.
A condition creating a substantial probability of harm when the probability
and potential extent of harm make it reasonably necessary to take immediate
action to prevent, reduce or mitigate damages to persons, property or the
environment.
A.
The handler of any hazardous material shall, upon discovery,
immediately report any release or threatened release of a hazardous material
to the Fire Department. Each handler shall provide all state, borough or county
fire or public health or safety personnel and emergency rescue personnel with
access to the handler's facilities.
B.
A copy of a report submitted to any state or federal
agency concerning such release may be filed with the Fire Chief, instead of
any original report.
Any person or business causing an unauthorized release of any hazardous
material which requires the borough or its fire company to expend public funds
for the cleanup or removal of such hazardous material shall be civilly liable
to the borough for all costs incurred by the borough or its fire company for
such cleanup and removal.
The Fire Department is authorized to clean up or abate the effects of
any hazardous material unlawfully released, discharged or deposited upon or
onto property or facilities within the borough. The following described persons
shall be jointly and severally liable to the borough for the payment of all
costs incurred by the borough or its fire company as a result of such cleanup
or abatement activity.
A.
Any person or persons whose negligent or willful act
or omission proximately caused such release, discharge or deposit;
B.
The person or persons who owned or had custody or control
of the hazardous substance or the material at the time of such release, discharge
or deposit, without regard to fault or proximate cause; and
C.
The person or persons who owned or had custody or control
of the container which held such hazardous material or substance at the time
of or immediately prior to such release, discharge or deposit, without regard
to fault or proximate cause.
In the event that any person undertakes, either voluntarily or upon order of the Fire Chief or other borough official, to clean up or abate the effects of any hazardous substance or material unlawfully released, discharged or deposited upon or onto any property or facility within the borough, the Fire Chief may take such action as is necessary to supervise or verify the adequacy of the cleanup or abatement. The persons described in § 136-5 shall be liable to the borough for all costs incurred as a result of such supervision or verification.
A.
Itemization of recoverable expenses. Borough personnel
and departments involved in an emergency action shall keep an itemized record
of recoverable expenses resulting from an emergency action. Promptly after
completion of an emergency action, the appropriate borough department shall
certify those expenses to the Borough Manager.
B.
Submission of claim. The borough shall submit a written
itemized claim for the total expenses incurred by the borough for the emergency
action to the responsible person and a written notice that, unless the amounts
are paid in full within 30 days after the date of mailing of the claim and
notice, the borough will file a civil action seeking recovery for the stated
amount.
C.
Civil suit. The borough may bring a civil action for
recovery of the recoverable expenses against any and all persons causing or
responsible for the emergency action.
Nothing in this chapter shall be construed to conflict with state or
federal laws requiring persons causing or responsible for releases or threatened
releases from engaging in remediation activities or paying the cost thereof,
or both.
