[HISTORY: Adopted by the Borough Council of the Borough of Tullytown
7-1-2003 by Ord. No. 275. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 146.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person or persons, corporations or partnerships or other entity
engaged in the buying, selling, storing, transferring, transporting and/or
manufacturing of properties, merchandise, chemicals, fuel, goods, moneys,
sources and/or other items who do so for a fee, price, retainer, percentage
and/or other means of compensation for the purpose, stated or otherwise, of
realizing a profit and/or other gains.
Any incident that occurs from the storage, transportation, use and/or
manufacturing of any substance potentially dangerous to the public health
and welfare at large that necessitates the intervention of the Tullytown Borough
Police Department or any of the fire companies or rescue squads operating
in Tullytown Borough or emergency response agencies employed by Tullytown
Borough, or the need for cleanup and/or abatement measures to be performed
by Borough employees or anything else resulting in expense to the Borough.
County bridges, state highway, Borough street, any navigable waterway
or any other roadway or watercourse owned by a governmental unit.
A.
The business on whose premises an industrial accident
occurs shall bear all costs that occur as a direct or consequential result
of such industrial accident. In the event an industrial accident occurs during
transportation on a public thoroughfare or in delivery to an entity other
than a business, as defined hereinabove, the entity who owns or had custody
and/or control of the vehicle and/or substance involved in the industrial
accident shall bear all costs that occur as a direct or consequential result
of such accident. Nothing contained herein shall prevent such business or
entity from recovering any incurred or subsequent costs from a third party
whose negligence may have caused such industrial accident.
B.
In the event that any person undertakes, either voluntarily or upon order, to clean up or abate the effects of an industrial accident, the Borough may take such action as is necessary to supervise or verify the adequacy of the cleanup or abatement. The business or entity described in Subsection A hereinabove shall be liable to the Borough for all costs incurred as a result of such supervision or verification.
C.
For the purpose of this section, costs of an industrial
accident shall include, but is not limited to, the following: Expenses incurred
by police, fire and/or emergency medical services; actual labor costs of Tullytown
Borough personnel, including benefits and administrative overhead; costs of
consultants or others preparing reports concerning the industrial accident;
costs of equipment operations; costs of materials obtained directly by the
Borough; cost of any contractual labor and materials for cleanup and/or abatement;
costs of the Borough Solicitor and/or Borough Engineer connected with the
industrial accident.
D.
The costs of such industrial accident, as set forth in Subsection C hereinabove, shall be determined by Borough Fire Marshal or his/her designee.
E.
Such costs when determined shall be paid to the Borough
within 30 days from the date on which the Borough issues an invoice for such
charges.
