[HISTORY: Adopted by the Board of Supervisors of the Township
of Middletown as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-28-2006 by Ord. No. 06-06]
As used in this article, the following terms shall have the
meanings indicated:
Any person or persons, nonprofit corporation, corporation
or partnership or other entity engaged in the buying, selling, storing,
transferring, transporting and/or manufacturing of properties, merchandise,
chemicals, fuels or goods.
Any action that occurs from the buying, selling, storing,
transferring, transporting and/or manufacturing of properties, merchandise,
chemicals, fuels, goods. Any chemical, industrial, commercial or transportation
accident, fire alarm, explosion, bomb threat, contamination, power
failure, natural resource shortage or other condition which threatens
or causes substantial property damage, human suffering and hardship
or loss of life, which causes the Township of Middletown to deploy
resources or expend funds.
[Amended 7-24-2007 by Ord. No. 07-08[1]]
County bridge, state highway, Township street, any navigable
waterway or any other roadway or watercourse owned by a governmental
unit.
Individual(s) who the Township code or police officer, after
hearing and reviewing all relevant evidence, determines is the cause
of the incident.
[Added 7-24-2007 by Ord. No. 07-08]
[1]
Editor's Note: This ordinance replaced the definition
of "accident" with this definition of "incident" and also changed
all references in this article from "business" to "responsible party
or business" and from "accident" to "incident."
[Amended 7-24-2007 by Ord. No. 07-08]
A.
The responsible party or business on whose premises an incident occurs shall bear all costs that occur as a direct or consequential result of such incident. In the event an incident occurs during transportation on a public thoroughfare, or in delivery to an entity other than a responsible party or business as defined in § 271-101 hereinabove, the entity which or who owns or had custody and/or control of the vehicle and/or substance involved in the incident shall bear all costs that occur as a direct or consequential result of such incident. Nothing contained herein shall prevent such responsible party or business or entity from recovering any incurred or subsequent costs from a third party whose negligence may have caused such incident.
B.
In the event that any person undertakes, either voluntarily or upon order of the Middletown Township Emergency Management Organization or other Township official, to clean up or abate the effects of an incident, the Middletown Township Emergency Management Organization may take such action as is necessary to supervise or verify the adequacy of the cleanup or abatement. The responsible party or business or entity described in § 271-102A 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 incident shall include,
but are not limited to, the following:
(1)
Expenses incurred by police, fire and/or emergency medical services.
(2)
Actual labor costs of Middletown Township personnel, including
benefits and administrative overhead.
(3)
Costs of consultants or others preparing reports concerning
the incident.
(4)
Costs of equipment operations.
(5)
Costs of materials obtained directly by the Township.
(6)
Cost of any contractual labor and materials for cleanup and/or
abatement.
(7)
Costs of the Township Solicitor and/or Township Engineer connected
with the incident.
D.
The costs of such incident as set forth in § 271-102C hereinabove shall be determined by the Township Manager or his/her designee.
E.
Such costs for all emergency services rendered shall be paid directly
to the Township through the office of the Middletown Township Emergency
Management Organization within 30 days from the date on which the
Township issues an invoice for such charges.
Whenever the requirements of this article are in conflict with
other requirements of the ordinances of Middletown Township, the most
restrictive or those imposing the higher standards shall govern.
If a responsible party does not comply with § 271-102E of this article and is found by a court of competent jurisdiction to have violated that section, upon conviction, said party shall be sentenced to pay a fine of no more than $1,000 and no less than $300 plus court costs and attorney's fees. Each twenty-four-hour period that the responsible party does not comply with § 271-102E shall constitute a separate offense. This fine shall be in addition to any judgment entered by a court of competent jurisdiction for the underlying costs of cleanup as defined in § 271-102D of this article.
