[Ord. 3-20-90C, 3/20/1990, § 1]
Any person or persons, corporation, partnership or other
entity engaged in the buying, selling, storing, transferring, transporting
and/or manufacturing of properties, merchandise, chemical or other
fuels or goods and who do so for any form of compensation.
An industrial accident is any incident that occurs from the
storage, transportation, use and/or manufacturing of any substance
potentially dangerous to public health and welfare at large that necessitates:
The intervention of the Plumstead Township Police Department
or any of the emergency agencies or services which may service the
Township, including but not limited to fire companies or rescue squads
operating in the Township or the Plumstead Township Management Emergency
Organization.
The need for cleanup and/or abatement measures to be performed
by Township employees or other matters 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.
[Ord. 3-20-90C, 3/20/1990, § 2]
1.
The business on whose premises an industrial accident occurs shall bear all costs which occur as a 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 in § 10-201 hereinabove, the entity who owns or has custody and/or control of the vehicle 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 costs from a third party whose negligence may have caused such industrial accident.
2.
In the event that any person undertakes, either voluntarily or upon order of the Plumstead Township Emergency Management Organization or other Township official, to clean up or abate the effects of any industrial accident, the Plumstead Township Emergency Management Organization 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 1 hereinabove shall be liable to the Township for all costs incurred as a result of such supervision or verification.
3.
For the purpose of this Part, 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 Township personnel, including benefits and administrative overhead;
costs of consultants or others preparing reports concerning the industrial
accidents; costs of equipment operations; costs of materials obtained
directly by the Township; cost of any contractual labor and materials
for cleanup and/or abatement; costs of the Township Solicitor and
Township Engineer connected with the industrial accident.
4.
The costs of such industrial accident as set forth in Subsection 3 hereinabove shall be determined by the Township Supervisors.
5.
Such costs for all emergency services rendered shall be paid directly
to the Township within 30 days from the date on which the Township
issues an invoice for such charges.
