[Ord. 664, 11/7/1994, § 2]
1.
The Township of Elizabeth has determined that the release, deliberately
or accidentally, of any hazardous materials or deposits onto or upon
properties or facilities within the Township creates situations which
must be immediately responded to and corrected.
2.
The Board of Commissioners of the Township of Elizabeth further find
proper standards must be established to protect the safety and welfare
of the residents of the community and of emergency response personnel,
and to obtain expense reimbursement.
[Ord. 664, 11/7/1994, § 3; as amended by Ord. 828,
11/6/2006]
ACCIDENT — Any unforeseen event, property damage
or personal injury caused by motor vehicles of any kind, and also
including any accident or injury occurring on any motorcraft or on
any of the waters of the Commonwealth within the geographic confines
of the Township of Elizabeth.
Actual labor costs of Township personnel and fire and rescue
personnel of the Elizabeth Township Volunteer Fire Departments, including
workers' compensation benefits, fringe benefits, administrative overhead,
costs of equipment operation, cost of special cleaning or containment
agents or fire-extinguishing agents used and cost of any contracted
labor and materials, and the cost of any other agency or contractor
engaged in abating or cleaning-up activities, including but not limited
to all response costs as defined at 35 P.S. § 6022.210(C).
All costs of emergency and medical treatment including ambulance
service, costs of medication, costs of medical equipment and other
expense customarily included in emergency medical service treatment.
Any materials or substances which are determined by the Township,
or their authorized representatives, to pose an unreasonable or imminent
risk to the life, health or safety of persons or property, and shall
include, but not be limited to, such substances as gasoline, oil,
vehicular fluids, explosives, radioactive materials, petroleum products
or gases, poisons, ethiologic (biologic) agents, flammables, corrosives
or materials listed in the hazardous substance list of the Pennsylvania
Department of Labor and Industry, the Solid Waste Management Act,
35 P.S. § 6018.103 and the Worker and Community Right-to-Know
Act, 35 P.S. § 7303 and hazardous materials as defined at
35 P.S. § 6022.103, the Hazardous Material Emergency Planning
and Response Act.
Any individual, firm, corporation, association or partnership
or other legal entity.
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping or disposing into
the environment including, but not limited to, the abandonment or
discarding of barrels, containers and other receptacles containing
a hazardous material.
All those costs incurred by responding agencies as defined
in the Hazardous Material Emergency Planning and Response Act, including
those recited at 35 P.S. § 6022.210.
[Ord. 664, 11/7/1994, § 4]
The Township of Elizabeth hereby authorizes and directs the
Central Volunteer Fire Department, the Greenock Volunteer Fire Department,
Township employees, Township police officers or any other persons
employed by the Township and authorized or directed to do so to take
reasonable steps to clean up or abate, or cause to be cleaned up or
abated, any hazardous materials or substances released within the
Township. The reasonable steps to be taken shall include, without
limitation, providing traffic control, evacuation, relocation, substance
monitoring, establishment of medical care facilities. The Township
further authorizes those persons to recover from any persons responsible
for the release of such hazardous materials or substances, any and
all costs incurred in carrying out such steps to clean up and abate.
Any person or persons who intentionally or accidentally or negligently
cause such release shall be liable for all costs of clean up and abatement
incurred by the Township of Elizabeth or the Central and Greenock
Volunteer Fire Departments recognized by the Township of Elizabeth
in the clean up or abatement activities. The remedies provided by
this Part shall be in addition to all other remedies provided by other
laws or ordinances of the Commonwealth of Pennsylvania and the Township
of Elizabeth. The Township, or such other entities as are authorized
by the Township to effect rescue or response, are further authorized
to collect all costs permitted for any rescue or response and to institute
all such actions at law or in equity as are available.
[Ord. 664, 11/7/1994, § 5]
A charge shall also be assessed for hazard control vehicle stabilization,
fire rescue and/or vehicle extrication services provided by any of
those individuals or entities identified in § 503, above,
which involve the use of any required rescue, fire, environmental
or specialized equipment. This charge shall be payable by the persons
extricated.
[Ord. 664, 11/7/1994, § 6]
Any recognized or approved emergency medical service agency
operating within the Township and duly licensed as such, including
the Elizabeth Township Emergency Medical Services Corporation, is
authorized to impose reasonable charges upon those receiving said
emergency medical services. Those authorized emergency medical service
agencies are also empowered to seek collection of said charges by
appropriate actions at law against those who have received such services.
