[HISTORY: Adopted by the Board of Supervisors of the Township
of Lancaster as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-3-2000 by Ord.
No. 77]
As used in this article, the following terms shall have the
meanings indicated:
The fire company designated by the Board of Supervisors to
provide immediate response, abatement, control and cleanup services
and to coordinate Township and supporting emergency service organizations
efforts in response to the release or threat of release of any hazardous
material within Lancaster Township.
Any natural or artificial lake, pond, reservoir, swamp, marsh
or wetland.
A substance appearing on the list of extremely hazardous
substances published by the administrator of the Federal Environmental
Protection Agency under the authority of Section 302 of the Federal
Emergency Planning and Community Right-to-Know Act of 1986 (Title
III, Public Law 99-499, 42 U.S.C. § 11002), as set forth
at 40 CFR Part 355 ("Appendix A – The List of Extremely Hazardous
Substances and Their Threshold Planning Quantities"), or appearing
on any successor list of extremely hazardous substances published
by the administrator of the Federal Environmental Protection Agency
under the authority of Section 302 of SARA, Title III.
Substances defined within the meaning of 29 CFR 1910.1200(c),
except that the term does not include the following:
Any food, food additive, color additive, drug, or cosmetic regulated
by the Food and Drug Administration.
Any substance present as a solid in any manufactured item to
the extent that exposure to the substance does not occur under normal
conditions.
Any substance to the extent that it is used for personal, family
or household purposes or is present in the same form and concentration
as a product packaged for distribution and use by the general public.
Any substance to the extent that it is used in a research laboratory
or a hospital or other medical facility under the direct supervision
of a technically qualified individual.
Any substance to the extent that it is used in routine agricultural
operations or is a fertilizer held for sale by a retailer to the ultimate
consumer.
Any of the following, as defined in this article:
A substance appearing on the list of hazardous substances
prepared under Section 102 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (Public Law 96-510, 94 Stat.
2767),[1] as set forth at 40 CFR Part 302 ("Table 302.4 –
List of Hazardous Substances and Reportable Quantities"), or appearing
on any successor list of hazardous substances prepared under Section
102 of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980.
Any individual, corporation, firm, association, public utility,
trust, estate, public or private institution, group, commonwealth
or local agency, political subdivision, and any legal successor, representative,
or agency of the foregoing.
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing
into the environment of a hazardous material, including, but not limited
to, the abandonment or discarding of barrels, containers and other
receptacles containing a hazardous material.
Includes the following:
Disposable materials and supplies acquired, consumed and expended
specifically for the purpose of the response to the hazardous material
release.
Rental or leasing of equipment used specifically for the response;
for example, protective equipment or clothing and scientific and technical
equipment.
Replacement costs for equipment that is contaminated beyond
reuse or repair during the response; for example, self-contained breathing
apparatus irretrievably contaminated during the response.
Decontamination of equipment contaminated during the response.
Compensation of paid employees or members of the response team
or supporting paid or volunteer emergency service organization, to
include regular and overtime pay for permanent full-time and other-than-full-time
employees or members.
Special technical services specifically required for the response;
for example, costs associated with the time and efforts of technical
experts or specialists.
Laboratory and testing costs for purposes of analyzing samples
or specimens taken during the response.
Other special services specifically required for the response,
for example, utility costs.
Costs associated with the services, supplies and equipment used
to conduct an evacuation during the response.
Costs associated with the removal and disposal of hazardous
materials.
The Emergency Planning and Community Right-to-Know Act of
1986 (Title III, Public Law 99-499, 42 U.S.C. § 11001 et
seq.).
A substance appearing on the list of chemicals described
in Section 313 of SARA (Title III, Public Law 99-499, 42 U.S.C. § 11023),
as set forth at 40 CFR Part 372, or appearing on any successor list
of chemicals set forth in the Code of Federal Regulations under the
authority of Section 313 of SARA, Title III.
Any channel of conveyance or surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
[1]
Editor's Note: See 42 U.S.C. § 9601 et seq.
The release of any hazardous material upon or into the air,
ground, watercourse, body of water, building, facility, public highway,
street or road, or private street, alley or lane within the municipal
boundaries of Lancaster Township is prohibited.
The appointed fire company is responsible for, among other duties,
providing immediate response, abatement, control and cleanup services
and coordinating Township and supporting emergency service organizations
efforts in response to the release or threat of release of any hazardous
material within Lancaster Township.[1]
Any person(s) who causes a release or threat of release of any
hazardous material within Lancaster Township shall be liable for the
response costs incurred by the Township, the appointed fire company
and supporting emergency service organizations.
A.Â
The appointed fire company is hereby authorized to recover the response
costs incurred by the Township, the appointed fire company and supporting
emergency service organizations associated with responding to the
release or threat of release of any hazardous material within the
Township. Such fees, as established by resolution of the Board of
Supervisors, may include and encompass all manpower, equipment, materials,
maintenance and overhead expenses, costs, fees and charges incurred
in providing such services within the Township.[1]
B.Â
Within 30 days of the date of such services, the appointed fire company
shall submit an itemized invoice for all response costs incurred by
the Township, the appointed fire company and supporting emergency
service organizations to such person(s) causing the release.
C.Â
All such invoices shall be paid in full within 60 days of receipt
thereof, and interest shall accumulate thereafter on any unpaid balances
at the rate of 10% per annum until paid.
D.Â
The appointed fire company shall allocate and distribute such funds
paid to the appointed fire company to the Township, the appointed
fire company and supporting emergency service organizations within
30 days of receipt.
E.Â
In addition, any bills, fines or penalties, including, but not limited to, cleanup costs, fees or expenses that are imposed upon the Township or the appointed fire company by local, state or federal agencies and related to the same release for which the Township or the appointed fire company provided services may be included in the initial itemized invoice or may be billed separately within 30 days of receipt by the Township or the appointed fire company and shall be paid and accrue interest as provided in § 150-5C, above.
The appointed fire company may enforce the provisions of this
article, at its own expense, by bringing a civil action in law or
equity before a court of competent jurisdiction for the collection
of any amounts due hereunder, plus operational, administrative, personnel
and legal costs incurred from the initial response action up to the
time that such costs are recovered.
If a final decision of a court of competent jurisdiction holds
any provision, sentence, clause, section, or part of this article
to be illegal or unconstitutional, such determination shall not affect
or impair any of the remaining provisions, sentences, clauses, sections
or parts of this article, which shall remain in full force and effect.
It is hereby declared as the intent of the Township that the provisions,
sentences, clauses, sections or parts of this article shall be severable
and that this article would have been adopted if any such illegal
or unconstitutional provision, sentence, clause, section, or part
had not been included.
