[HISTORY: Adopted by the Borough Council of the Borough of
Chalfont as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-17-1990 by Ord. No. 257-A (Ch. 10, Part 3, of the 2010 Code
of Ordinances)]
As used in this article, 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 or other
fuels, goods, and who does so for any form of 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 that necessitates:
The intervention of the Central Bucks Regional Police Department
or any of the emergency agencies or services which may service the
Borough of Chalfont, including, but not limited to, fire companies,
rescue squads operating in the Borough of Chalfont or the Borough
of Chalfont Emergency Management Organization.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The need for cleanup and/or abatement measures to be performed
by Borough employees, or other matters resulting in expense to the
Borough.
Bridges, state highways, Borough streets, any navigable waterways
or other roadways or watercourses 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 an industrial accident occurs shall bear all costs which 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 § 228-1 hereinabove, the entity who owns or has custody and/or control of the vehicle 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 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 Borough of Chalfont Emergency Management Organization or other Borough official, to clean up or abate the effects of any industrial accident, the Borough of Chalfont 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 Borough for all costs incurred as a result of such supervision or verification.
C.
For the purpose of this article, costs of an industrial accident
shall include, but are not limited to, the following:
(1)
Expenses incurred by police, fire and/or emergency medical services.
(2)
Actual labor costs of the Borough of Chalfont personnel, including
benefits and administrative overhead.
(3)
Costs of consultants or others preparing reports concerning the industrial
accident.
(4)
Costs of equipment operations.
(5)
Costs of materials obtained directly by the Borough.
(6)
Cost of any contractual labor and materials for cleanup and/or abatement.
(7)
Costs of the Borough Solicitor and Borough Engineer connected with
the industrial accident.
D.
The costs of such industrial accident as set forth in Subsection C hereinabove shall be determined by Borough Council.
E.
Such costs for all emergency services rendered shall be paid directly
to the Borough within 30 days from the date on which the Borough issues
an invoice for such charges.
