[Ord. 935, 10/5/1988, § 1]
The purpose of this Part, to be known as the "Oil Spill Cleanup
Ordinance," is to protect all Borough residents from petroleum products,
oil, gas, and other chemical spills and fires by requiring that the
party who caused or is responsible for the spill or cleanup take all
steps necessary to complete the cleanup in an expeditious fashion.
It is anticipated that the Borough and its officials will monitor
the cause and progress of the cleanup closely.
[Ord. 935, 10/5/1988, § 1]
As used in this Part, the following terms are to be defined
as follows:
The Borough of Quakertown, Pennsylvania.
Oily liquids, almost colorless to black, consisting of a
complex mixture of hydrocarbons with small quantities of other materials.
"Petroleum products" are to include, but not be limited to, gasoline,
fuel oil, motor oil, diesel fuel, natural gas, propane, etc.
[Ord. 935, 10/5/1988, § 1]
The owner of petroleum products, chemicals or the common carrier
of any type whatsoever, including pipelines carrying said petroleum
products or chemicals, shall be responsible for the control, extinguishment,
or cleanup of petroleum products or chemical spills, releases or fire
involving said petroleum products or chemicals in the Borough of Quakertown.
In the event of the failure of the owner or common carrier, including
pipelines, to control, extinguish or clean up any spill, fire or release,
the Borough may perform the necessary work and bill such person to
compensate the Borough for both direct and direct costs and expenses
plus 10%, including, but not limited to, special equipment and materials
used and labor costs.
[Ord. 935, 10/5/1988, § 1]
The special equipment or material used by the Borough for which
any owner or common carrier will be responsible may include, but is
not limited to, the following:
[Ord. 935, 10/5/1988, § 1]
The cost of labor shall include the actual wage rates, including
fringe benefits, paid by the Borough to all personnel involved in
the extinguishing of any extraordinary fire or in cleaning up any
extraordinary spill or release involving chemicals or petroleum products.
[Ord. 935, 10/5/1988, § 1]
The owner or common carrier of any petroleum products or chemicals,
including pipelines as aforesaid, shall also be liable for the cost
of any temporary storage of chemicals or petroleum products materials
or the cost of disposing of same.
[Ord. 935, 10/5/1988, § 1]
The owner or common carrier of any spill or release involving
petroleum products or chemicals is to begin the cleanup immediately
upon notification or knowledge of the occurrence.
[Ord. 935, 10/5/1988, § 1]
Whenever an oil or chemical accident occurs involving an underground
tank of 1,000 gallons or more, the person(s) causing the accident
shall be required to certify that the Borough and its residents are
free from any future damages relating to the accident and that the
person(s) causing the accident will pay restitution for any such future
damages.
[Ord. 935, 10/5/1988, § 1; as amended by Ord. 1004,
7/6/1994]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$600 and costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Imposition of the
aforesaid fine or imprisonment, however, shall not relieve any responsible
person or corporation hereunder from civil liability to the Borough
as provided herein.
