[HISTORY: Adopted by the Township Council
of the Township of Lower Saucon 4-19-1989 by Ord. No. 89-5; amended
in its entirety 9-18-1996 by Ord. No. 96-9. Subsequent amendments
noted where applicable.]
The manufacturer and/or owner of petroleum,
hazardous materials or chemicals and/or the common carrier of any
type whatsoever, including pipelines, carrying said petroleum, hazardous
materials or chemicals shall be responsible for the control, extinguishment,
confinement, neutralizing and/or containing of spills, releases or
fires involving said petroleum, hazardous materials or chemicals in
the Township of Lower Saucon. In the event of the failure of the manufacturer
and/or owner and/or common carrier, including pipelines, to control,
extinguish, confine, neutralize, contain and/or clean up any spill,
fire or release, the Township of Lower Saucon, its designated fire
departments, police, emergency personnel, agents or employees (hereinafter
collectively referred to as the "Township"), may perform the necessary
work and recover from such manufacturer and/or owner and/or common
carrier, including pipelines, a fee sufficient to compensate the Township
for both direct and indirect costs and expenses, including but not
limited to special equipment, cleanup materials, labor and special
services used to perform such work.
The operator and/or owner of a motor vehicle
or motorcycle (hereinafter collectively referred to as "owner") shall
be responsible for the control, extinguishment, confinement, neutralizing
and/or containing of spills, releases or fires involving petroleum,
hazardous materials or chemicals in the Township of Lower Saucon.
In the event of the failure or upon a determination by the incident
coordinator or person in charge of the inability of operator and/or
owner of a motor vehicle or motorcycle to control, extinguish, confine,
neutralize, contain and/or clean up any spill, fire or release, the
Township of Lower Saucon, its designated fire departments, police,
emergency personnel, agents or employees (hereinafter collectively
referred to as the "Township"), may perform the necessary work and
recover from such operator and/or owner of a motor vehicle or motorcycle
a fee sufficient to compensate the Township for both direct and indirect
costs and expenses, including but not limited to special equipment,
cleanup materials, labor and special services used to perform such
work.
The special equipment or material used by the
Township for which any manufacturer and/or owner and/or common carrier
will be responsible may include but is not limited to the following:
The cost of labor shall be set at the actual
wage rates, with overtime and including fringe benefits, paid to all
personnel involved in the control, extinguishment, confinement, neutralizing,
containment and cleanup of any spills, releases or fires involving
petroleum, hazardous materials or chemicals and to the Township police
or emergency personnel involved in incidental services, including
but not limited to traffic and crowd control, evacuations or fire
protection and prevention.
The manufacturer and/or owner or common carrier
of any petroleum, hazardous material or chemicals, including pipelines
as aforesaid, shall also be liable for the cost of any temporary storage
of chemicals, hazardous materials or petroleum and/or the cost of
disposing of the same.
[Amended 5-20-1998 by Ord. No. 98-17]
Bills for the amount of the above-described
costs shall be forwarded to the Township Manager, who shall arrange
for the billing to the above-described responsible party. If payment
is not made in full within the 30 days from the date of mailing of
said bill, the Township Manager shall refer the matter to the Township
Solicitor for collection or litigation as is necessary with all fees,
including attorney's fees, costs to be borne by the responsible party.
[Amended 5-20-1998 by Ord. No. 98-17
Any person who fails to voluntarily pay within
10 days to the Township the penalty imposed for violation of this
chapter shall be subject to a civil enforcement proceeding. Any person
who violates or permits a violation of this chapter, upon being found
liable therefor in a civil enforcement proceeding, shall pay a fine
of not more than $600, plus all court costs, including reasonable
attorney's fees, incurred by the Township in the enforcement of this
chapter. No judgment shall be imposed until the date of the determination
of the violation by the District Justice and/or Court. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable rules of civil procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
