[Added 11-11-1997 by Ord. No. 958; amended 1-12-1999 by Ord. No. 985]
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated below:
ABATE OR ABATEMENT — The removal and disposal of hazardous substances or substances that are potentially dangerous to the public health and welfare at large, in accordance with applicable federal, state or local laws or regulations and in such a way as to prevent damage to persons, property or the environment, or danger to the public health, safety and welfare, and shall include, but not be limited to, actions necessary to monitor, assess and evaluate such danger or damage.
DEPOSIT — Any spilling, leaking, pumping, pouring, emptying, discharging, injecting, escaping, leaching, dumping or disposing.
EMERGENCY SERVICES BOARD — Representatives serving in an advisory capacity to the Upper Dublin Board of Commissioners pursuant to the Pennsylvania Emergency Management Services Code, as amended, 35 Pa.C.S.A. § 7101 et seq. or any more recent amendment thereto, and pursuant to the provisions of the Upper Dublin Township Code, Chapter 11, with responsibilities including the preparation and maintenance of an emergency management plan for the Township of Upper Dublin.
HAZARDOUS SUBSTANCE — Includes any solid, liquid or gas that has a degree of hazard rating in health, flammability or reactivity of 2, 3, or 4 as ranked by NFPA 704, 1987 Edition, or future equivalent publications published for the National Fire Protection Association and/or flammable, combustible or corrosive liquid; poisonous, toxic, radioactive, oxidizing or explosive material; flammable solid or unstable (reactive) chemical as defined in the most recent BOCA Fire Prevention Code Edition adopted by this Code.
HIGH-HAZARD OCCUPANCY BUILDING — A building or structure used for the storage, manufacture or processing of highly combustible or explosive products or materials which are likely to bum with extreme rapidity or which may produce poisonous fumes or explosions; storage or manufacture involving highly corrosive, toxic or noxious alkalis, acids or other liquids or chemicals involving flame, fumes, vapors or explosive, poisonous, irritant or corrosive gases; and the storage or processing of any materials involving explosive mixtures of dust or which result in the division of matter into fine particles subject to spontaneous ignition. This includes but is not limited to buildings classified as Use Group H in the BOCA National Building Code.
INDUSTRIAL ACCIDENT — Any incident that occurs from the storage, transportation, use, manufacturing, processing or discharging of any substance potentially dangerous to the public health and welfare at large, including a hazardous substance, that necessitates:
A. Intervention by the Upper Dublin Township Police Department, Fire Department or any of the emergency agencies or services which may assist Upper Dublin Township, including but not limited to fire companies or rescue squads operating in Upper Dublin Township or the Upper Dublin Township Emergency Services Board or emergency response agencies employed by Upper Dublin Township.
B. The need for clean-up and/or abatement measures and any related services to be performed by township employees, emergency agencies or services, resulting in expense to the township.
NATIONAL FIRE PROTECTION ASSOCIATION NO. 13—The Standard of the National Fire Protection Association for the Installation of Sprinkler Systems.
NATIONAL FIRE PROTECTION ASSOCIATION NO. 13D—The Standard of the National Fire Protection Association for the Installation of Residential Sprinkler Systems.
NATIONAL FIRE PROTECTION ASSOCIATION NO. 14—The Standard of the National Fire Protection Association for the Installation of Standpipe and Hose Systems.
PERSON—An individual, firm, corporation, association, partnership, joint venture or other private or commercial entity.
PUBLIC THOROUGHFARE—State, county or township bridges, highways, streets and navigable waterways or any other roadway or watercourse owned by a governmental unit or trafficway as defined in the Pennsylvania Motor Vehicle Code.
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RESPONSIBLE PERSON—The person who owns or leases the premises on which an industrial accident or hazardous substance deposit occurs shall be responsible for abatement of the same and shall bear all related costs, including administrative costs and attorneys fees. In the event that an industrial accident or hazardous substance deposit occurs during transportation on a public thoroughfare or during a delivery, the person who owns or has custody or control of the vehicle transporting the hazardous or potentially dangerous substance shall be jointly responsible and jointly bear all costs related to the abatement of such incident with the person who owns or has custody of the hazardous or potentially dangerous substance involved in the industrial accident or hazardous deposit.
5. Editor’s Note: See 75 Pa.C.S.A. § 101 et seq.