[HISTORY: Adopted by the Borough Council of the Borough of
Royersford as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-12-1995 by Ord. No. 746 (Ch. 10, Part 2, of the 1990 Borough
Code of Ordinances); amended in its entirety at time of adoption of
Code (see Ch. 1, General Provisions, Art. I)]
As used in this article, 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.
Any incident which creates a dangerous condition requiring
immediate and emergency action in order to prevent injury to persons
or damage to property, and necessitates either or both of the following
responses:
The intervention of the Borough of Royersford Police Department
or any of the emergency agencies or services which may service the
Borough of Royersford including, but not limited to, fire companies
or rescue squads operating in the Borough of Royersford.
The need for cleanup or abatement measures to be performed by
Borough employees, or the need for any responsive action resulting
in expense to the Borough.
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:
The intervention of the Borough of Royersford Police Department
or any of the emergency agencies or services which may assist the
Borough of Royersford including, but not limited to, fire companies
or rescue squads operating in the Borough of Royersford.
The need for cleanup or abatement measures to be performed by
Borough employees, or the need for any responsive action resulting
in expense to the Borough.
Bridges, state highways, county roads, Borough streets, 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 a hazardous accident occurs during transportation on a public thoroughfare, or in delivery to an entity other than a business as defined in § 210-1 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 Borough of Royersford, to clean up or abate the effects of any hazardous accident, the Borough may take such action as deemed necessary to supervise or verify the adequacy of the clean up 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 a hazardous accident shall
include expenses and costs incurred as defined in 35 P.S. § 6022.210.
D.
The costs resulting from the hazardous accident shall be paid directly
to the Borough within 30 days from the date on which the Borough 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.
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 article, 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 Borough of Royersford, to clean up or abate the effects of any dangerous incident, the Borough 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 Borough for all costs incurred as a result of such supervision or verification.
C.
For the purpose of this article, costs of a hazardous accident shall
include expenses and costs incurred as defined in 35 P.S. § 6022.210.
D.
The costs resulting from the dangerous incident shall be paid directly
to the Borough within 30 days from the date on which the Borough 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.
Royersford Fire Company is the recognized fire company for the
Borough of Royersford. The fire company is authorized to provide such
services on behalf of the Borough with reference to hazardous accidents
and dangerous incidents as determined by the Borough Manager, Chief
of Police or Chief of the fire company. If a fire company responds
to a hazardous accident or dangerous incident, the cost of material
in responding to such hazardous accident or dangerous incident, as
incurred by the fire company, pursuant to the provisions of 35 P.S. § 6020.507,
shall be submitted to the Borough, and the Borough may recover the
material response costs pursuant to this section and said Act, and
upon collection thereof, shall reimburse the fire company accordingly.
