[Ord. 230, 11/25/1986, § 1]
The Township of Richland is authorized to clean up or abate,
or cause to be cleaned up or abated, the effects of the hazardous
materials or substances deposited upon or into properties or facilities
within the municipal boundaries of the Township of Richland or having
a direct or identifiable effect on persons or property within the
municipal boundaries of the Township of Richland, including, but not
limited to, traffic control, evacuation, relocation, substance monitoring,
establishment of medical care facilities and all other costs incurred
in mitigation of the emergency situation; and any person or persons,
partnership, corporation or corporations who intentionally or accidentally
or negligently caused such deposit shall be liable for all costs incurred
by the Township of Richland as a result of such cleanup or abatement
activity. The remedy provided by this Part shall be in addition to
any other remedies provided by other laws or ordinances of the Commonwealth
of Pennsylvania and the Township of Richland.
[Ord. 230, 11/25/1986, § 2]
For purposes of this § 10-202, "hazardous materials" shall be defined as any substances or materials in a quantity or form which, in the determination of the Emergency Management Coordinator or his authorized representative, poses an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, and shall include, but not be limited to, such substances as explosives, radioactive materials, petroleum products or gases, poisons, etiologic (biologic) agents, flammables, corrosives or materials listed in the hazardous substances list of the Pennsylvania Department of Labor and Industry.
[Ord. 230, 11/25/1986, § 3]
For the purposes of this Part, costs incurred by the Township
of Richland shall include, but not be limited to, the following: actual
labor cost of Township personnel, including worker's compensation
benefits, fringe benefits, administrative overhead, cost of equipment
operation, cost of special fire extinguishing agents used and cost
of any contracted labor and materials, including attorney fees.
[Ord. 230, 11/25/1986, § 4]
For the purpose of enforcing this Part and the Township's rights
hereunder, the Township shall have the right to impound or retain
any properties which were utilized or connected with the incident
which caused the expenses to the Township.
[Ord. 230, 11/25/1986, § 5]
The authority to recover costs under this § 10-205 shall not include actual fire suppression services which are normally or usually provided by the Fire Department.
