[HISTORY: Adopted by the Board of Commissioners
of the Township of South Whitehall 11-5-1997 by Ord. No. 662. Amendments
noted where applicable.]
An ordinance providing 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; providing procedures for assessment,
collection and enforcement.
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.
A.
The person responsible for the spill, release, discharge, emanation or issuance of any of the substances described in § 189-2, hereof, as well as the owner of such released substances shall be liable to the Township for the maintenance, use and 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.
B.
For the purpose 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.
C.
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.
A.
The Township Manager or other person designated by
the Commissioners 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.
B.
Payment shall be made to the Township Manager within
30 days of receipt of the bill.
A.
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.
B.
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. Any person, firm or corporation
who shall violate any provision of this chapter shall, upon conviction
thereof, be sentenced to pay a fine not to exceed $1,000 plus costs
and, in default of payment of said fine and costs, to imprisonment
for a term not to exceed 30 days.[1]
C.
Each day that the required complete payment has not
been tendered shall be deemed a separate offense.
