[Added 11-11-1997 by Ord. No. 958; amended 1-12-1999 by Ord. No. 985]
For any hazardous substances, the following shall apply:
A. Abatement.
(1) By responsible person. Except in case of an emergency or imminent danger to the public health, safety or welfare, the Fire Marshal, Assistant Fire Marshal or Code Enforcement Officer shall serve notice upon the responsible person. The notice shall sufficiently describe the condition found and shall require the abatement thereof within 10 days of the mailing of the notice. If the responsible person cannot be located, it shall be sufficient to forward notice to the responsible person’s last known address and to post a copy of such notice at the site of the industrial accident or hazardous substance deposit.
(2) By township. Should any responsible person fail, neglect or refuse to abate such industrial accident or hazardous substance deposit to the satisfaction of the township’s Emergency Management Coordinator or his designee, or if the township’s Emergency Management Coordinator or his designee shall determine that the nature of the condition poses an immediate threat to the public health, safety and welfare, and the responsible person is unable or unwilling to take immediate steps to abate such condition, the township shall act to abate said hazardous substance deposit or industrial accident, and any cost of abatement incurred by the township shall be paid by the responsible person.
B. Cost.
(1) In the event that any person undertakes, either voluntarily or upon order of the Upper Dublin Township Emergency Services Board, Fire Marshal or other township officials, to clean up or abate the effects of an industrial accident or hazardous substance deposit, the Upper Dublin Township Emergency Services Board or other township officials may take such action as is necessary to supervise or verify the clean up or abatement. Liability to the township for all costs incurred as a result of such supervision or verification shall be upon the responsible person in accordance with the provisions above.
(2) For the purpose of this section, costs related to abatement of an industrial accident or hazardous substance deposit shall include, but are not limited to, the following: expenses incurred by police, fire and/or emergency medical services; actual labor costs of Upper Dublin Township personnel, including benefits and administrative overhead; costs of consultants or others preparing reports concerning the incident; costs of equipment operations; costs of materials obtained directly by the township; cost of any contractual labor and materials for clean up and/or abatement; engineering costs, attorneys’ fees and all costs imposed upon the Township of Upper Dublin connected with the industrial accident.
(3) The costs shall be determined by the Township Manager or his designee.
(4) Such costs for all services rendered in the abatement, clean up, supervision or verification of an industrial accident or hazardous substance deposit shall be due and payable directly to the township through the office of the Upper Dublin Township Finance Director within 30 days from the date on which the township issues an invoice for such costs.
(5) In the event of a refusal or failure to pay the bill for said costs within 30 days of said billing, the township may file a municipal claim for such costs and expenses, together with a penalty of 10%, in the manner provided by law for the collection of municipal claims.