[HISTORY: Adopted by the Board of Supervisors of the Township of
Limerick 1-19-1993 by Ord. No. 150. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any person, corporation, partnership or other entity engaged in the
buying, selling, storing, transferring, transporting or manufacturing or processing
of properties, merchandise, chemicals, fuels, waste products or any other
goods or services for compensation.
The intervention of the Township of Limerick Police Department or any
of the emergency agencies or services which may assist the Township of Limerick,
including but not limited to fire companies or rescue squads operating in
the Township of Limerick; or
The need for cleanup or abatement measures to be performed by Township
employees or the need for any responsive action resulting in expense to the
Township.
Any incident which creates a dangerous condition requiring immediate
and emergency action in order to prevent injury to persons or damage to property
and which necessitates either or both of the following responses:
The intervention of the Township of Limerick Police Department or any
of the emergency agencies or services which may service the Township of Limerick,
including but not limited to fire companies or rescue squads operating in
the Township of Limerick; or
The need for cleanup or abatement measures to be performed by the Township
employees or the need for any responsive action resulting in expense to the
Township.
Any incident that occurs from the storage, transportation, use or
manufacturing, processing or discharging of any substance potentially dangerous
to the public health and welfare at large, which necessitates either or both
of the following responses:
Bridges, state highways, county roads, Township roads, any navigable
waterways or other roadways or watercourses owned by a governmental unit;
or a privately owned street, parking lot or accessway to which the public
has access.
A.
The business which owns or leases the premises on which a hazardous accident occurs shall be responsible for all costs that occur as a direct or consequential result of a hazardous accident. In the event that a hazardous accident occurs during transportation on a public thoroughfare or in delivery to an entity other than a business as defined in § 101-1 hereinabove, the entity who owns or has custody or control of the vehicle or substance involved in the hazardous accident shall be responsible for 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 hazardous accident.
B.
In the event that any person undertakes, either voluntarily or upon order of an official of the Township of Limerick, to clean up or abate the effects of any hazardous accident, the Township may take such action as deemed 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 chapter, the costs of a hazardous
accident shall include but are not limited to the following:
(1)
Expenses incurred by police, fire or emergency medical
benefits and administrative overhead.
(2)
The costs of consultants or others preparing reports
concerning the hazardous accident.
(3)
The costs of equipment operations.
(4)
The costs of materials obtained directly by the Township.
(5)
The cost of any contractual labor and materials for cleanup
or abatement.
(6)
The costs of the Township Solicitor and the Township
Engineer connected with the hazardous accident.
(7)
The costs to replace or repair any damage caused to equipment
utilized by the Township or any other service agency which responded to the
accident.
D.
The costs resulting from the hazardous accident shall
be paid directly to the Township within 30 days from the date on which the
Township issues and invoice or other appropriate demand for such costs. Interest
shall accrue on any unpaid invoice at the rate of 1% to 1 1/2% per month,
commencing after the expiration of the thirty-day grace period.
A.
Any entity which owns or has custody or has control of
any motor vehicle or other instrumentality that creates a dangerous incident
as defined by this chapter or any entity which owns or leases any real property
upon which a dangerous incident takes place shall be responsible for all costs
of any emergency response that arises as a direct or consequential result
of such incident. Nothing contained herein shall prevent such entity from
recovering any costs from a third party whose negligence may have caused such
dangerous incident.
B.
In the event that any person undertakes, either voluntarily or upon order of any official of the Township of Limerick, to clean up or abate the effects of any dangerous incident, the Township may take such action as deemed necessary to supervise or verify the adequacy of the cleanup or abatement. The 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 chapter, the costs of a dangerous
incident shall include but are not limited to the following:
(1)
Expenses incurred by police, fire or emergency medical
services.
(2)
The actual labor costs of Township personnel, including
benefits and administrative overhead.
(3)
The costs of consultants or others preparing reports
concerning the dangerous incidents.
(4)
The costs of equipment operations.
(5)
The costs of materials obtained directly by the Township.
(6)
The cost of any contractual labor and materials for cleanup
or abatement.
(7)
The costs of the Township Solicitor and the Township
Engineer connected with the dangerous incident.
(8)
The costs to replace or repair any damage caused to equipment
utilized by the Township or any other service agency which responded to the
incident.
D.
The costs resulting from the dangerous incident shall
be paid directly to the Township within 30 days from the date on which the
Township issues an invoice or other appropriate demand for such costs. Interest
shall accrue on any unpaid invoice at the rate of 1% to 1 1/2% per month,
commencing after the expiration of the thirty-day grace period.
