[Ord. 245, 11/11/1992, § 1]
The Township of Leet 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 municipal boundaries of
Leet or having a direct or identifiable effect on persons or property
within the municipal boundaries of the Township of Leet 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 caused such deposit shall be liable
for all costs incurred by the Township of Leet as a result of such
clean-up 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 Leet.
[Ord. 245, 11/11/1992, § 2]
For purposes of this section, "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, pose 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 of gases, poisons, etiologic (biologic) agents, flammables,
corrosives or materials listed in the hazardous substances list of
the Pennsylvania Department of Labor and Industry.
[Ord. 245, 11/11/1992, § 3]
For purposes of this Part, costs incurred by the Township of
Leet emergency services shall include, but not be limited to, the
following: actual labor cost of Township personnel, including workers'
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.
[Ord. 245, 11/11/1992, § 4]
The authority to recover costs under this section shall not
include actual fire suppression services which are normally or usually
provided by the Fire Department.
