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Township of Whitemarsh, PA
Montgomery County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Whitemarsh 7-15-1993 by Ord. No. 644. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
BUSINESS
Any person or persons, corporation, partnership or other entity engaged in the buying, selling, storing, transferring, transporting and/or manufacturing of properties, merchandise, chemicals, fuels, waste products or any other goods or services for compensation.
HAZARDOUS ACCIDENT
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 which necessitates either or both of the responses set forth below:
A. 
The intervention of the Whitemarsh Township Police Department or any of the emergency agencies or services which may service Whitemarsh Township, including but not limited to fire companies or ambulance squads operating in Whitemarsh Township.
B. 
The need for cleanup and/or abatement measures to be performed by Township employees, or the need for any responsive action resulting in expense to the Township.
PUBLIC THOROUGHFARE
Bridges, state or county highways, Township streets, any navigable waterways or other roadways or watercourses, storm drains or sewer lines owned by a governmental unit, or other privately owned street, parking lot or accessway to which the public has access.
A. 
The business on whose premises a hazardous accident occurs shall bear all costs which occur as a direct or consequential result of such 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 hereinabove, the entity who owns or has custody and/or control of the vehicle or substance involved in the hazardous 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 hazardous accident.
B. 
In the event that any person undertakes, either voluntarily or upon order of any official of Whitemarsh Township, 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 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, costs of a hazardous 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 hazardous 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; costs of the Township Solicitor and Township Engineer connected with the hazardous accident; and 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 an invoice or other appropriate demand for such costs. Interest shall accrue on any unpaid invoice at the rate of 1 1/2% per month commencing after the expiration of the thirty-day grace period.