[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.
