[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:
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.
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:
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.
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.
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.
