[HISTORY: Adopted by the Board of Supervisors of the Township of
Montgomery as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-12-1990 by Ord.
No. 118]
As used in this chapter, the following terms shall have the meanings
indicated:
Any person or persons, corporation, partnership or other entity engaged
in the buying, selling, storing, transferring, transporting and/or manufacturing
of properties, merchandise, chemicals, fuels, waste products or any other
goods or services for compensation.
Any incident which creates a dangerous condition requiring immediate
and emergency action in order to prevent injury to persons or damage to property,
which necessitates either or both of the responses set forth hereinbelow:
The intervention of the Montgomery Township Police Department or any
of the emergency agencies or services which may service Montgomery Township,
including but not limited to fire companies or rescue squads operating in
Montgomery Township.
The need for cleanup and/or abatement measures to be performed by Township
employees or the need for any responsive action resulting in expense to the
Township.
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 which necessitates either or both of the responses set
forth hereinbelow:
The intervention of the Montgomery Township Police Department or any
of the emergency agencies or services which may service Montgomery Township,
including but not limited to fire companies or rescue squads operating in
Montgomery Township.
The need for cleanup and/or abatement measures to be performed by Township
employees or the need for any responsive action resulting in expense to the
Township.
Bridges, state highways, Township streets, any navigable waterways
or other roadways or watercourses owned by a governmental unit or other privately
owned street, parking lot or accessway to which the public has access.
A.
The business on whose premises a hazardous accident occurs shall bear all costs which occur as a direct or consequential result of such hazardous accident. In the event that a hazardous accident occurs during transportation on a public thoroughfare or in delivery to an entity other than a business as defined in § 116-1 hereinabove, the entity who owns or has custody and/or control of the vehicle or substance involved in the hazardous 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 costs from a third party whose negligence may have caused such hazardous accident.
B.
In the event that any person undertakes, either voluntarily or upon order of any official of Montgomery Township, to clean up or abate the effects of any hazardous accident, the Township may take such action as deemed 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 Township for all costs incurred as a result of such supervision or verification.
C.
For the purpose of this chapter, costs of a hazardous
accident shall include but are not limited to the following: expenses incurred
by police, fire, and/or emergency medical services; actual labor costs of
Township personnel, including benefits and administrative overhead; costs
of consultants or others preparing reports concerning the hazardous accident;
costs of equipment operations; costs of materials obtained directly by the
Township; costs of any contractual labor and materials for cleanup and/or
abatement; costs of the Township Solicitor and Township Engineer connected
with the hazardous accident; costs to replace or repair any damage caused
to equipment utilized by the Township or any other service agency which responded
to the accident.
D.
The costs resulting from the hazardous accident shall
be paid directly to the Township within 30 days from the date on which the
Township issues an invoice or other appropriate demand for such costs. Interest
shall accrue on any unpaid invoice at the rate of 1 1/2% per month commencing
after the expiration of the thirty-day grace period.
A.
Any entity who owns or has custody or has control of
any motor vehicle or other instrumentality that creates a dangerous incident
as defined by this chapter or any entity who owns or has custody or has control
of any real property upon which a dangerous incident as defined in this chapter
takes place shall bear all costs of any emergency response that arises as
a direct or consequential result of such incident. Nothing contained herein
shall prevent such entity from recovering any costs from a third party whose
negligence may have caused such dangerous incident.
B.
In the event that any person undertakes, either voluntarily or upon order of any official of Montgomery Township, to clean up or abate the effects of any dangerous incident, the Township may take such action as deemed necessary to supervise or verify the adequacy of the cleanup or abatement. The entity described in Subsection A hereinabove shall be liable to the Township for all costs incurred as a result of such supervision or verification.
C.
For the purpose of this chapter, costs of a dangerous
incident shall include but are not limited to the following: expenses incurred
by police, fire and/or emergency medical services; actual labor costs of Township
personnel, including benefits and administrative overhead; costs of consultants
or others preparing reports concerning the dangerous incident; costs of equipment
operations; costs of materials obtained directly by the Township; costs of
any contractual labor and materials for clean up and/or abatement; costs of
the Township Solicitor and Township Engineer connected with the dangerous
incident; costs to replace or repair any damage caused to equipment utilized
by the Township or any other service agency which responded to the incident.
D.
The costs resulting from the dangerous incident shall
be paid directly to the Township within 30 days from the date on which the
Township issues an invoice or other appropriate demand for such costs. Interest
shall accrue on any unpaid invoice at the rate of 1 1/2% per month commencing
after the expiration of the thirty-day grace period.
