[Ord. 499, 12/12/1988, § 1]
The following words, when used in this Part 5, shall have the
following meanings:
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.
All the substances listed as hazardous substances by the
Pennsylvania Department of Environmental Resources, the Pennsylvania
Department of Labor and Industry, and the United States Environmental
Protection Agency pursuant to the various regulations in place at
the time of the adoption of this Part 5.
An individual, firm, corporation, association, partnership,
joint venture or other private or commercial entity.
[Ord. 499, 12/12/1988, § 2]
The existence of hazardous substances deposited negligently
or intentionally 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.
[Ord. 499, 12/12/1988, § 3]
The Board of Commissioners of the Township, by its employees
or agents, shall serve notice 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 10
days of the mailing of the notice.
[Ord. 499, 12/12/1988, § 4]
Should any person responsible for a public nuisance as described
herein fail, neglect or refuse to abate such condition to the satisfaction
of the Board of Commissioners, or if the Board shall determine that
the nature of the hazardous substance negligently or intentionally
deposited is of such nature as to pose an immediate threat to the
public health, safety and welfare, the Township shall act to abate
the said public nuisance, and any cost of abatement by the Township
shall be paid by the person who negligently or intentionally deposited
the hazardous substance.
[Ord. 499, 12/12/1988, § 5; as amended by Ord.
524, 12/31/1991]
Any person who shall violate any of the provisions of this Part
5 or who should fail to comply with any notice of violation herein,
upon conviction before a District Justice within the magisterial district
of which the Township of West Norriton is part, shall be fined not
less than $25 and not more than $1,000 after a proceeding brought
in the name of the Township before the said District Justice. A new
and separate offense shall be deemed to be committed for each day
that such violation exists. In default of the payment of any fine
or penalty imposed and the costs, under the provisions of this Part
5, the persons or persons that are charged may be sentenced to be
committed to the county jail for a period not exceeding 30 days.
