Part 2

Part 2
Hazardous Spill Cleanup Cost Recovery

§10-201 Owner’s Responsibility.

1. The owner of petroleum and/or chemicals and/or the common carrier of such substances, including a pipeline carrying same, shall be liable to the Township of Wolf for all costs incurred for the control, extinguishment, and clean-up of petroleum type or chemical type spills, emissions and fires involving chemicals or petroleum products in the Township of Wolf. The cost for special equipment and/or materials shall include, but are not limited to, the following:

A. Foam.

B. Dry chemical extinguishers.

C. Sand.

D. Any other special equipment and/or materials deemed necessary by the fire chief(s) of the fire company or companies that have used special equipment and/or materials.

2. The cost of labor shall be the actual wage rates, including fringe benefits, paid by the Township to all personnel involved in the control, extinguishment and/or cleanup of petroleum type or chemical type spills, emissions and fires involving said chemicals or petroleum products.

(Ord. 94-06-13.1, 6/13/1994, §1)

§10-202 Temporary Storage.

The owner of any petroleum or chemical and/or the common carrier of said petroleum or chemicals, including any pipeline, as aforesaid, shall also be liable for the cost of any temporary storage of chemicals or petroleum materials and/or the cost of disposing of the same.

(Ord. 94-06-13.1, 6/13/1994, §2)

§10-203 Billing.

1. Invoices for the amount of the above-described costs shall be forwarded by the fire chief(s) to the Chairperson of the Board of Supervisors, who shall bill the above described liable party. If payment is not made in full within 30 days from the date of mailing of said bill, the Chairperson shall turn the matter over to the Township Solicitor for collection and litigation, as is necessary.

2. The Township Solicitor is hereby authorized to take such action as may be necessary, on behalf of the Township of Wolf, to recover all reasonable costs expended for such equipment, material, labor, storage, and disposal resulting from the petroleum type or chemical type spill or fire.

(Ord. 94-06-13.1, 6/13/1994, §3)

§10-204 Penalty.

Any party failing to pay said invoice submitted to them by the Township of Wolf within 30 days, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

(Ord. 94-06-13.1, 6/13/1994, §4; as amended by Ord. 2004-1, 3/8/2004)

§10-205 Civil Liability.

Imposition of the aforesaid fine and/or imprisonment, however, shall not relieve any responsible party from civil liability to the Township, pursuant to this Part any State or Federal law.