[Ord. No. 94-15 § 24-1]
As used in this section:
Shall mean any items used to extinguish any fire or stop
or contain any leak or spill involving any hazardous material which
cannot be reused or cannot be replenished without cost after that
particular fire, leak or spill. These include but are not restricted
to fire-fighting foam, chemical extinguishing agents, absorbent material,
sand, recovery drums and specialized protective equipment, to include
but not be restricted to acid suits, acid gloves, goggles and protective
clothing.
Shall mean any material solid, liquid or gas listed as such
under National Fire Protection Association Guide of Hazardous Materials
or Department of Transportation Guide Book.
Shall mean any motorized equipment, registered or unregistered,
including but not limited to passenger cars, motorcycles, trucks,
tractor-trailers, construction equipment and farm machinery.
Shall mean any container, drum, box, cylinder or tank used
to hold or contain or carry or store any hazardous material.
[Ord. No. 94-15 § 24-2]
a.
This section provides for the replacement or reimbursement of the
specialized and sometimes nonreusable equipment required by State
and Federal regulations to be made available in the Township in case
of fire, leakage or spillage involving any hazardous material.
b.
This section entitles the Township of Frankford to reimbursement
for any expendable items used by the Township or any of its agencies
in extinguishing any fire, stopping or containing any leak or controlling
any spill of hazardous materials.
[Ord. No. 94-15 § 24-3]
Reimbursement to the Township of Frankford for any expendable
items used shall be made by the following parties:
a.
The owner or operator of any vehicle responsible for any fire, leak
or spill of hazardous material.
b.
The owner or person responsible for any vessel containing hazardous
materials involved in any fire, leak or spill on public or private
property, whether stationary or in transit, whether accidental or
through negligence.
c.
The owner or person responsible for any property from which any leak
or spill of hazardous material emanates, whether accidental or through
negligence.
d.
Any person responsible for any fire, leak or spill of hazardous materials
on public or private property, whether accidental or through negligence.
[Ord. No. 94-15 § 24-4]
Any person or company responsible for any fire, leak or spill
involving a hazardous material must provide reimbursement for services
rendered by any recovery company, towing company or other technical
assistance called for by the Fire Department or other duly authorized
person or agency to handle such incident.
[Ord. No. 94-15 § 24-5]
Any person, owner or company responsible for any fire, leak
or spill of hazardous materials shall reimburse the Township and/or
Frankford Township Fire Department for the full price of any expendable
items used to extinguish such a fire, stop or contain such a leak
or control such a spill within a period of 45 days after receipt of
a bill for such items from the Township and/or the Frankford Township
Fire Department.
[Ord. No. 94-15 § 24-7]
All reimbursements collected for hazardous material incidents
shall be placed into the Frankford Township's general account
or, as the case may be, the Frankford Township Fire Department's
operation and equipment budget. A record of all such funds shall be
maintained by the Township and the Frankford Township Fire Department.
[Ord. No. 94-15 § 24-6;
New]
[1982 Code § 18-1; Ord. 9/2/86, § I]
This section shall be known as "The Frankford Township Nuclear
Free Zone Regulations."
[1982 Code § 18-2; Ord. 9/2/86, § II]
The Township Committee finds that contamination by radioactive
substances interferes with the farming and residential character of
the Township and contamination by radioactive substances will have
an adverse effect on the residents, visitors, business, water resources
and wildlife in the Township.
[1982 Code § 18-3; Ord. 9/2/86, § III]
The development, production, storage, deployment, usage, landfilling,
fabrication, destruction and transportation of radioactive materials
in and through the Township is hereby prohibited except as hereinafter
provided.
[1982 Code § 18-4; Ord. 9/2/86, § IV]
The Township Attorney is authorized to take appropriate action
to enforce the prohibitions contained herein. Said action may include
but is not limited to a civil action seeking injunctive relief in
any court of competent jurisdiction. In the event the Township Attorney
fails or neglects to so act, any resident (person or corporation)
may, by appropriate civil action, enforce the prohibition contained
herein.
[1982 Code § 18-5; Ord. 9/2/86, § V]
The adoption of this section is not intended to preclude other
actions, either administrative or legal in nature, attempting to enforce
the prohibition contained in this section. Remedies herein are deemed
to be cumulative to any such rights claimed in common law or under
statutory or constitutional authority.
[1982 Code § 18-6; Ord. 9/2/86, § VI]
The prohibitions contained in this section shall not apply to
naturally occurring materials containing low, normal or background
levels of radiation. This section shall not apply to consumer products
in general use such as smoke detectors and time pieces. Nor shall
it apply to commonly accepted medical uses such as x-rays and pharmaceuticals.
This section shall not apply to movement for burial or storage elsewhere
of radioactive contaminated soil or other materials.
[Ord. No. 2011-04 § 2]
This section shall be known as "The Frankford Township Hazardous
Material Cleanup-Recovery of Costs Ordinance."
[Ord. No. 2011-04 § 2]
The Frankford Township Committee finds that it is necessary
to authorize the Township to cleanup and abate hazardous material
spills when deemed necessary and appropriate and to also recover the
costs of cleanup from responsible parties. The Committee further finds
it is necessary to establish such authorization and procedures to
preserve the health, safety and welfare of the citizens of Frankford
Township.
[Ord. No. 2011-04 § 2]
a.
Frankford Township is authorized, but not required, to mitigate the
effects of any hazardous material unlawfully released, discharged
or deposited upon or into any property or facilities within the Township.
The following described persons shall be jointly and severally liable
to the Township for payment of all costs incurred by the Township
as a result of such mitigation activity:
1.
The person or persons whose negligent or willful act or omission
proximately caused such release, discharge or deposit;
2.
The person or persons who owned or had custody or control of the
hazardous substance or waste at the time of such release, discharge
or deposit, without regard to fault or proximate cause;
3.
The person or persons who owned or had custody or control of the
container which held such hazardous waste or substance at the time
or immediately prior to such release, discharge or deposit, without
regard to fault or proximate cause; and
4.
The person or persons who owned or controlled the land on which the
hazardous material was deposited or from which the hazardous material
was released or discharged.
b.
In the event that any person undertakes, either voluntarily or upon
order of a Township official, to clean up or abate the effects of
any hazardous substance or waste unlawfully released, discharged or
deposited upon or into any property or facilities within the Township,
Frankford Township may take such action as is necessary to supervise
or verify the adequacy of the cleanup or abatement. The person described
in paragraph a of this section shall be liable to the Township for
all costs incurred as a result of such supervision or verification.
c.
For purposes of this section, "hazardous material" means any material
that, because of its quantity, concentration or physical or chemical
characteristics, poses a significant present or potential hazard to
human health and safety or to the environment if released into the
workplace, or the environment.
d.
For purposes of this section, costs incurred by the Township shall
include, but shall not necessarily be limited to, the following; actual
labor costs of Township personnel, including benefits and administrative
overhead; cost of equipment operation; cost of any contract labor
and materials.
e.
The remedies provided in this section shall be in addition to any
other remedies provided by the law.
f.
The authority to recover costs under this section shall not include
actual fire suppression services which are customarily provided by
the fire department.
