[Adopted 4-21-1992 by Ord. No. 1752-92]
Word usage. The singular number includes the plural, and the plural includes the singular. The masculine gender includes the feminine.
Terms defined. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this article to have the meanings indicated in this section:
- ABATE OR ABATEMENT
- The removal and disposal of hazardous substances in accordance with applicable federal, state or local laws or regulations in such a way as to prevent damage or injury to persons, property or the environment or to endanger the public health, safety and welfare, and shall include but not be limited to the actions necessary to monitor, assess and evaluate such danger or damage.
- Any spilling, leaking, pumping, pouring, emptying, discharging, injecting, escaping, leaching, dumping or disposing.
- HAZARDOUS SUBSTANCE
- Any solid, liquid or gas which is combustible, flammable, corrosive, poisonous, toxic, radioactive, oxidizing, unstable (reactive) or an explosive substance and includes all the substances listed as "hazardous substances" by the Pennsylvania Department of Environmental Protection and Energy, the Pennsylvania Department of Labor and Industry, the United States Protection Agency and the United States Coast Guard.
- Any individual, firm, corporation, association, partnership, joint venture or other private or commercial entity.
Hazardous substances deposited upon public roadways, public lands or private property within the township shall be deemed a public nuisance and shall be abated immediately by the person responsible for the deposit of said hazardous substances or, if upon private property, by the owner of such property.
Except in the case of an emergency or imminent danger to the public health, safety or welfare, the Fire Marshal or authorized designate shall serve notice upon the person responsible for the public nuisance or, if such person is unknown, then the owner of the property upon which the nuisance exists. The notice shall sufficiently describe the condition found and shall require the nuisance to be abated within 10 days of the mailing of the notice. If the owner cannot be located, it shall be sufficient to forward notice to the last known address and to post a copy of such notice at the site of the nuisance.
Should any person responsible for the creation of a nuisance or an owner fail, after reviewing notice, to abate such condition to the satisfaction of the Fire Marshal or if the Fire Marshal shall determine that the hazardous substances pose an immediate threat to the public health, safety and welfare, the township shall act to abate said public nuisance. Any cost of abatement by the township shall be paid by the person who deposited the hazardous substance or by the owner of the property affected. A municipal claim may be filed against the property benefited and such costs collected as provided by law.
[Amended 11-21-1995 by Ord. No. 1846-95]
All costs incurred by the township for hazardous substance cleanup shall be paid by the person responsible for causing the deposit of the substance or by the owner of the property affected. In addition, a fee to be set forth from time to time by resolution of the Board of Commissioners shall be paid to the township for any response to an incident which requires the services of the Township Hazardous Materials Response Team. In the case where the responsible person is a nonresident, legal action will be taken if payment for costs is not made within 30 days of the request for payment.