[HISTORY: Adopted by the Borough Council
of the Borough of Edgewood 2-16-1999 by Ord. No. 951. Amendments noted where applicable.]
This chapter shall be known as the "Borough
of Edgewood Emergency Abatement Vehicular Accident Ordinance."
The Borough of Edgewood determines that the
release, whether it be deliberate or negligent or otherwise, of any
hazardous materials or deposits onto or upon properties or facilities
within the service area of police, fire and other emergency services
of the Borough of Edgewood (or into other areas if called or requested
by the proper authority), and that extended traffic obstructions threaten
the safety and welfare of its residents and traveling public and create
situations which must be immediately responded to and corrected; and
the Borough Council of the Borough of Edgewood is desirous of protecting
the safety and welfare of the residents of the community, traveling
public and of emergency response personnel, and obtaining expense
reimbursement.
A.
BOROUGH
CARTWAY
HAZARDOUS MATERIALS OR SUBSTANCES
PERSON
SIDEWALK
TRAFFIC EMERGENCY
VEHICLE
Unless otherwise expressly stated, the following words
shall, for the purposes of this chapter, have the meanings herein
indicated:
Borough of Edgewood.
The paved traveled portion of a road, street or highway.
Any material or substance which is determined by the person
in charge of police, fire or emergency services provided through the
Borough or its authorized representatives to pose an unreasonable
or imminent risk to the life, health and safety of persons or property,
and shall include but not be limited to such substances as gasoline,
oil, vehicular fluids, explosives, radioactive materials, petroleum
products or gases, poisons, etiologic (biologic) agents, flammables,
corrosives or materials listed in the Hazardous Substance List of
the Pennsylvania Department of Labor and Industry, the Solid Waste
Management Act, 35 P.S. § 6018.103, and the Worker and Community
Right-to-Know Act, 35 P.S. § 7303, and hazardous materials
as defined at 35 P.S. § 6022.103, the Hazardous Material
Emergency Planning and Response Act, and such other hazardous materials
as are or may be defined by federal law.
Any natural person, firm or corporation, association or partnership
or other legal entity, excluding the Borough.
Any concrete or asphalt pedestrian walkway, including all
structures or appurtenances necessary, desirable or incidental to
the installation and safe use of a sidewalk.
Any condition which, in the determination of the police of
Edgewood, constitutes an extended obstruction or potential obstruction
to cartways, sidewalks, roads, streets, highways in the Borough (or
in areas outside of the Borough if called or requested by proper authority)
which require prompt removal or traffic control in order to prevent
safe and convenient passage thereon or which otherwise poses an unreasonable
risk to life, health, or safety of persons or property, and shall
include but not be limited to fire fighting, vehicle accidents, electrical
conditions, vehicle failures or environmental accidents.
Every device which is or may be moved or drawn upon a road,
street or highway.
B.
Words in the singular shall include the plural, and
those in the plural shall include the singular.
The Borough hereby authorizes and directs its
various emergency services, employees or any other persons utilized
or hired for such purposes or any volunteer emergency services organization
recognized by the Borough to take reasonable steps to clean up, or
abate, or cause to be cleaned up or abated, any hazardous materials
or substances released to abate hazardous material or substances or
traffic emergency within the service area of Borough police (or outside
of the Borough if called or requested by proper authority). The reasonable
steps to be taken shall include, without limitation, towing, removing
and impounding of vehicles, providing traffic control, evacuation,
relocation, substance monitoring or removal, establishment of medical
care facilities and to recover from any persons responsible for the
emergency, any and all costs incurred in carrying out such steps.
Any person or persons who intentionally or accidentally or negligently
caused such emergency shall be liable for all costs of any kind or
nature whatsoever incurred by the Borough of Edgewood or any volunteer
services organization recognized by the Borough of Edgewood. For purposes
of this chapter, "release" shall include any spilling, leaking, pumping,
pouring, emitting, emptying, discharging, injecting, escaping, leaching,
dumping or disposing into the environment, including but not limited
to the abandonment or discarding of barrels, containers and other
receptacles containing a hazardous material. The remedies provided
by this chapter shall be in addition to all other remedies provided
by other laws or ordinances of the Commonwealth of Pennsylvania and
this Borough.
[Amended 8-1-2005 by Ord.
No. 1003]
For purposes of this chapter, "costs of cleanup and abatement" shall include, but are not limited to, actual labor cost of Borough personnel, including workmen's compensation benefits, fringe benefits, administrative overhead, cost of equipment operation, cost of special cleaning or containment agents or fire extinguishing agents used and cost of any contracted labor and materials; and further, it shall include any costs incurred by the Department of Police, the Volunteer Fire Department, and any other agency or contractor engaged in the abating or cleaning up activities, including but not limited to, all "response costs" as defined at 35 P.S. § 6022.210(c), excepting however, costs of actual fire suppression services which are routinely provided. In addition to these charges identified above, a charge as set forth in Chapter 118, Fees, shall be assessed for vehicle extrication services provided by the Borough of Edgewood Police or the Volunteer Fire Department, including but not limited to, use of the Hurst tool or jaws of life. This charge shall be payable by the person extricated.
