[HISTORY: Adopted by the Board of Supervisors of the Township of
Doylestown 4-16-1991 by Ord. No. 204.
Amendments noted where applicable.]
As used in this chapter, the following terms 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, fuels, 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 Doylestown Township Police Department or any
other agencies or services which may service Doylestown Township, including
but not limited to fire companies or rescue squads operating in Doylestown
Township or the Doylestown Emergency Management Organization or emergency
response agencies employed by Doylestown Township.
The need for clean-up 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.
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 that an industrial accident occurs during transportation on a public thoroughfare or in delivery to an entity other than a business, as defined in § 104-1 hereinabove, the entity 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.
In the event that any person undertakes, either voluntarily or upon order of the Doylestown Township Emergency Management Organization or other Township official, to clean up or abate the effects of an industrial accident, the Doylestown 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 A hereinabove shall be liable to the Township for all costs incurred as a result of such supervision or verification.
C.
For the purposes 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 Doylestown
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;
and costs of the Township Solicitor and/or Township Engineer 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 paid directly to the Township through the office of the Doylestown 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 chapter are in conflict with other
requirements of the Codified Ordinances of Doylestown Township, the most restrictive
or those imposing the higher standards shall govern.
