[HISTORY: Adopted by the Borough Council of the Borough of
Munhall as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-21-1995 by Ord. No. 1359]
The Borough of Munhall, through its various emergency services,
is authorized to clean up or abate or cause to be cleaned up or abated
the effects of any hazardous materials or substances deposited upon
or into properties or facilities within the Borough or having a direct
or identifiable effect on persons or property within the Borough or
having a direct or identifiable effect on persons or property within
the municipal boundaries of the Borough of Munhall, including, but
not limited to, traffic control, evacuation, relocation, substance
monitoring, establishment of medical care facilities and all other
costs incurred in the mitigation of the emergency situation; and any
person or persons, partnership, corporation or corporations who intentionally
or accidentally or negligently cause such deposit shall be liable
for all costs incurred by the Borough of Munhall as a result of such
cleanup or abatement activity. The remedy provided by this article
shall be in addition to any other remedies provided by other laws
or ordinances of the Commonwealth of Pennsylvania, all acts of the
government of the United States under SARA Title III and the Borough
of Munhall.
A.
Recovery shall be expanded to include any expenses incurred by any
Munhall Borough Volunteer Fire Department in acting to abate the problems
cited in this article, and including a fire.
[Added 11-19-2008 by Ord. No. 1533]
[Amended 11-19-2008 by Ord. No. 1533]
For purposes of this article, the following terms shall have
the meanings indicated:
Any substance or material in a quantity or form which, in
the determination of the Fire Marshal or his authorized representative,
poses an unreasonable and imminent risk to the life, health or safety
of persons or property or the ecological balance of the environment
and shall include, but not be limited to, such products as gases,
poisons, etiologic (biologic) agents, flammables, corrosives or materials
listed in the hazardous substances list of the SARA Title III, 40
CFR 355 (§§ 302 and 304), "List of Extremely Hazardous
Materials." The conditions described herein shall be deemed to include
fire.
For purposes of this article, costs incurred by the Borough
of Munhall emergency services shall include, but not be limited to,
the following:
A.
Actual labor.
B.
Costs of Borough personnel, including worker's compensation
benefits.
C.
Fringe benefits.
D.
Administrative overhead.
E.
Costs of equipment operation.
F.
Costs of special fire extinguishment agents used.
G.
Cost of any contracted labor and materials.
H.
Recovery of the same expenses incurred by Munhall Borough Volunteer
Fire Departments.
[Added 11-19-2008 by Ord. No. 1533]
A.
The authority to recover costs under this article shall not include
actual fire suppression services which are normally or usually provided
by the Bureau of Fire.
B.
The recovery shall include fire suppression expenses as may be incurred
by any Munhall Borough Volunteer Fire Department.
[Added 11-19-2008 by Ord. No. 1533]
