[Ord. 1062, 2/11/1991]
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 purposes
stated or otherwise, of realizing a profit and/or other gains.
An industrial accident is 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 Bristol Borough Police Department
or any of the fire companies operating in the Borough of Bristol or
emergency response agencies employed by the Borough of Bristol or
the need for clean-up and/or abatement measures to be performed by
Borough employees or anything else resulting in expense to the Borough.
County bridges, state highways, Borough streets, alleys,
any navigable waterway or any other roadway or water course owned
or controlled by a governmental unit.
[Ord. 1062, 2/11/1991]
1.Â
Responsible Party. 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 § 10-601, 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.
2.Â
Borough Response to Accident. In the event that any person undertakes, either voluntarily of upon order of the Borough Building Inspector or other Borough official to clean-up or abate the effects of an industrial accident, may take such action as is necessary to supervise or verify the adequacy of the clean-up of abatement. The business or entity described in Subsection 1, hereinabove, shall be liable to the Borough for all costs incurred as a result of such supervision or verification.
3.Â
Scope of Reimbursable Services. For the purpose 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 Bristol Borough 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
Borough; costs of any contractual labor and materials for clean-up
and/or abatement; costs of the Borough Solicitor and/or Borough Engineer
connected with the industrial accident.
4.Â
Determination of Costs. The costs of such industrial accident as set forth in Subsection 3, hereinabove, shall be determined by the Borough Manager.
5.Â
Time of Payment. Such costs, when determined, shall be paid to the
Borough within 30 days from the date on which the Borough issues an
invoice for such charges.
