[HISTORY: Adopted by the Board of Supervisors of Falls Township 1-26-1989
as Ord. No. 89-1. Amendments noted where applicable.]
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 Falls Township
Police Department or any of the fire companies or rescue squads operating
in Falls Township or emergency response agencies employed by Falls Township,
or the need for cleanup and/or abatement measures to be performed by Township
employees or anything else resulting in expense to the Township.
County bridges, state highway, Township street, any navigable waterway
or any other roadway or watercourse owned by a governmental unit.
A.Â
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 in § 140-1 hereinabove, the entity or which 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.Â
In the event that any person undertakes, either voluntarily of upon order of the Environmental Officer or other Township official, to clean up or abate the effects of an industrial accident, the Environmental Officer 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.Â
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 Falls
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 contractural labor and materials for cleanup and/or
abatement; costs of the Township Solicitor and/or Township Engineer connected
with the industrial accident.
D.Â
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.Â
Such costs when determined shall be paid to the Township
within 30 days from the date on which the Township issues an invoice for such
charges.
