[HISTORY: Adopted by the Borough Council of the Borough of
Stockertown as indicated in article histories. Amendments noted where
applicable.]
The owner of petroleum and/or chemicals and/or hazardous materials
and/or common carrier of any type whatsoever, including a pipe line
carrying said products, shall be liable to the Borough of Stockertown
to control, extinguish and/or clean up petroleum type or chemical
or hazardous material type spills and/or fires involving said chemicals
or petroleum or hazardous materials in the Borough of Stockertown.
The said special equipment and/or materials include, but are
not limited to, the following:
B. Dry chemical extinguisher.
D. Any other equipment and/or material or materials deemed necessary
by the Fire Chief of the Borough of Stockertown or the officer in
charge.
The cost of labor shall be as set forth in the Schedule of Fees
of the Borough Council of the Borough of Stockertown for
time and materials involved in the extinguishing of any such fire
or in cleaning up any spill involving chemicals or petroleum or hazardous
materials.
The owner of any petroleum or chemicals or hazardous materials
and/or the common carrier of said petroleum or chemicals or hazardous
materials, including any pipe line as aforesaid, shall also be liable
for the cost of any temporary storage of chemicals or petroleum or
hazardous materials and/or the cost of disposing of same.
Bills for the amount of the above-described costs shall be forwarded
by the Fire Chief to the Borough Secretary who shall bill the above-described
liable party. If the payment is not made in full within 30 days from
the date of mailing of said bill, the aforementioned Borough Secretary
shall turn the matter over to the Borough Solicitor for collection
litigation as is necessary.
Any person failing to pay the said bill submitted to them by
the Borough of Stockertown within 30 days shall, upon conviction thereof
in a summary proceeding before a Magisterial District Judge be sentenced
to pay a fine of not more than $1,000, together with costs of prosecution,
and, in default thereof, undergo imprisonment in Northampton County
Prison for not more than 30 days.
Imposition of the aforesaid fine and/or imprisonment, however,
shall not relieve any responsible person or corporation hereunder
from civil liability to the Borough of Stockertown as provided herein.
