[HISTORY: Adopted by the Borough Council of the Borough of Sewickley as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-18-1987 by Ord. No. 1067 (Ch. 10, Part 2, of the 1996 Code of Ordinances)]
[Amended 11-15-1993 by Ord. No. 1132]
The Borough through its various emergency services is empowered to clean up or abate, or cause to be cleaned up or abated, the effects of any hazardous materials or substances deposited upon, on or into properties or facilities within the municipal boundaries of the Borough or having a direct or identifiable effect on persons or property within the Borough boundaries, 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 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 or the Commonwealth of Pennsylvania and the Borough. This article shall also apply to authorize cleanup and abatement activities which take place in response to hazardous materials deposited outside of the municipal boundaries of the Borough, if such activities are within the service area of Borough emergency services, including the Cochran Hose Company, and to require reimbursement for such activities.
For purposes of this article, "hazardous material" shall be defined as any substance or material in a quantity or form which, in the determination of the Emergency Management Coordinator or his authorized representative, possesses 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.
For purposes of this article, costs incurred by the Borough's emergency services shall include, but not limited to, the following: actual labor cost of Borough personnel, including worker's compensation benefits, fringe benefits, administrative overhead, costs of equipment operation, cost of special fire-extinguishing agents used and cost of any contracted labor and materials.
The authority to recover costs under this article shall not include actual fire-suppression services which are usually or customarily provided by the Fire Department.