[HISTORY: Adopted by the Board of Commissioners of the Township
of Springfield 6-8-1994 as Ord. No. 801. Amendments noted where
applicable.]
Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter, have the meanings herein indicated:
Any person, corporation, partnership, company, association
or other entity engaged in the buying, selling, storing, transferring,
transporting, manufacturing or processing of merchandise, chemicals,
fuels, goods, moneys, sources and/or other items who do so for a fee,
price, retainer, percentage of other means of compensation for the
purpose stated or otherwise of realizing a profit or other gains.
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 that necessitates:
The intervention of the Springfield Township Police Department
or any of the emergency agencies or services which may assist Springfield
Township, including but not limited to fire companies or rescue squads
operating in Springfield Township or the Springfield Township Emergency
Management Services or emergency response agencies employed by Springfield
Township; or
The need for cleanup and/or abatement measures to be performed
by township employees and any related services resulting in expense
to the township.
State, county or township bridges, state highway, township
street or any navigable waterway or any other roadway or watercourse
owned by a governmental unit.
A.
The business which owns or leases the premises on which an industrial accident occurs shall be responsible for and bear all costs that occur which result from an industrial accident, including administrative costs and attorneys' fees. In the event that an industrial accident occurs during transportation on a public thoroughfare, or in delivery to an entity other than a business as defined in § 75-1 hereinabove, the entity which owns or has custody or control of the vehicle or substance involved in the industrial accident shall bear all costs of such accident.
B.
In the event that any person undertakes, either voluntarily or upon order of the Springfield Township Emergency Management Organization or other township official, to clean up or abate the effects of an industrial accident, the Springfield Township Emergency Management Services 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 township 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 are not limited to, the following: expenses incurred
by police, fire and/or emergency medical services; actual labor costs
of Springfield Township 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 township; cost of any contractual labor and
materials for cleanup and/or abatement; engineering costs, attorneys'
fees and all costs imposed upon the Township of Springfield connected
with the industrial accident.
D.
The costs of such industrial accident as set forth in Subsection C hereinabove shall be determined by the Township Manager or his/her designee.
E.
Such costs for all emergency services rendered shall be due and payable
to the township through the office of the Springfield Township Emergency
Management Services within 30 days from the date on which the township
issues an invoice for such charges.