[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Providence 7-5-1988 by Ord. No. 282. Amendments
noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 85.
For the purpose of this chapter, the following
terms shall be defined as follows:
The cleanup or removal of deposited hazardous substances,
including such actions as may be necessary to monitor, assess and
evaluate the potential threat of hazardous substance to the public
health, safety and welfare, actions to prevent, minimize and mitigate
damage to the public health and the disposal of removed materials.
Any spilling, leaking, pumping, pouring, emptying, discharging,
injecting, escaping, leaching, dumping or disposing.
Includes all the substances listed as hazardous substances
by the Pennsylvania Department of Environmental Protection, the Pennsylvania
Department of Labor and Industry and the United States Environmental
Protection Agency pursuant to the various regulations in place at
the time of the adoption of this chapter.
[Amended 6-2-2008 by Ord. No. 490]
An individual, firm, corporation, association, partnership,
joint venture or other private or commercial entity.
The existence of hazardous substances deposited
negligently or intentionally 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 such
deposit of hazardous substances.
The Board of Supervisors of the township, by
its employees or agents, shall serve notice upon the person responsible
for the public nuisance. The notice shall sufficiently describe the
condition complained of and shall require the nuisance to be abated
within 10 days of the mailing of the notice.
Should any person responsible for a public nuisance
as described herein fail, neglect or refuse to abate such condition
to the satisfaction of the Board of Supervisors or if the Board of
Supervisors shall determine that the nature of the hazardous substance
negligently or intentionally deposited is of such nature as to pose
an immediate threat to the public health, safety and welfare, the
township shall act to abate said public nuisance, and any cost of
abatement by the township shall be paid by the person who negligently
or intentionally deposited the hazardous substance.
Any person who shall violate any of the provisions
of this chapter or who should fail to comply with any notice of violation
described herein, upon conviction before a District Justice within
the magisterial district of which the Township of Upper Providence
is part, shall be fined not less than $100 and not more than $1,000
after a summary proceeding brought in the name of the township before
the said District Justice. A new and separate offense shall be deemed
to be committed for each day that such violation exists. In default
of the payment of any fine or penalty imposed and the costs, under
the provisions of this chapter, the person or persons that are charged
may be sentenced to be committed to the county jail for a period not
exceeding 30 days.