[HISTORY: Adopted by the Borough Council of the Borough of
Lansdale 7-20-2022 by Ord. No. 2022-1958. 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 which creates a dangerous condition requiring
immediate and emergency action in order to prevent injury to persons
or damage to property, which necessitates either or both of the responses
set forth hereinbelow:
The intervention of the Lansdale Borough Police Department or
any of the emergency agencies or services which may service Lansdale
Borough, including, but not limited to, fire companies or rescue squads
operating in Lansdale Borough.
The need for cleanup and/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 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 hereinbelow:
The intervention of the Lansdale Borough Police Department or
any of the emergency agencies or services which may service Lansdale
Borough, including, but not limited to, fire companies or rescue squads
operating in Lansdale Borough.
The need for cleanup and/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, 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 a hazardous accident occurs shall
bear all costs that arise 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 a
person or an entity other than a business as defined hereinabove,
the person or 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 any person, business, or entity
from recovering any costs paid or due to the Borough pursuant to this
chapter from a third party whose negligence or act may have caused
the hazardous accident.
B.
In the event that any person undertakes, either voluntarily or upon order of any official of Lansdale Borough, 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 cleanup or abatement. The person, 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 chapter, costs of a hazardous 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 Borough personnel, including benefits and administrative
overhead;
(3)
Costs of consultants or others preparing reports concerning the hazardous
accident;
(4)
Costs of equipment operations;
(5)
Costs of materials obtained directly by the Borough;
(6)
Costs of any contractual labor and materials for cleanup and/or abatement;
(7)
Costs of the Borough Solicitor and Borough Engineer connected with
the hazardous accident;
(8)
Costs to replace or repair any damage caused to equipment utilized
by the Borough or any other service agency which responded to the
accident.
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. To the extent
permitted by law, including the Act of May 16, 1923, P.L. 207, as
amended, known as the "Pennsylvania Municipal Claims and Tax Liens
Act" (MCTLA), 53 P.S. §§ 7101 through 7505, the Borough
may file a lien against the premises where the hazardous accident
occurred for the costs due under this chapter.
A.
Any person or entity who owns or has custody or has control of any
motor vehicle or other instrumentality that creates a dangerous incident
as defined by this chapter or any person or entity who owns or has
custody or has control of any real property upon which a dangerous
incident, as defined in this chapter, takes place shall bear all costs
of any emergency response that arises as a direct or consequential
result of such incident. Nothing contained herein shall prevent such
person or entity from recovering any costs paid or due to the Borough
pursuant to this chapter from a third party whose negligence or act
may have caused the dangerous incident.
B.
In the event that any person undertakes, either voluntarily or upon order of any official of Lansdale Borough, 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 chapter, costs of a dangerous incident 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 Borough personnel, including benefits and administrative
overhead;
(3)
Costs of consultants or others preparing reports concerning the dangerous
incident;
(4)
Costs of equipment operations;
(5)
Costs of materials obtained directly by the Borough;
(6)
Costs of any contractual labor and materials for cleanup and/or abatement;
(7)
Costs of the Borough Solicitor and Borough Engineer connected with
the dangerous incident;
(8)
Costs to replace or repair any damage caused to equipment utilized
by the Borough or any other service agency which responded to the
incident.
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.
A.
Criminal enforcement.
(1)
Any police officer, fire marshal, code inspector, and/or any person
authorized by Borough Council may enforce a violation of this chapter.
(2)
Any person, business or entity who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding brought
before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
to the extent allowable by law for the punishment of a summary offense.
Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense.
(3)
In the case of businesses, corporations and other legal entities
having officers and directors, the criminal penalties herein may be
imposed upon said directors and officers.
B.
Civil enforcement.
(1)
In addition to any other remedies provided for in this chapter, the
Borough may bring in a court of competent jurisdiction an action for
the collection of the costs owed or assessed under this chapter or
an action in equity for an injunction to restrain any and all violations
of this chapter or to restrain any public nuisance or detriment to
health.
(2)
In lieu of a criminal enforcement as set forth above, the Borough
may assess a civil penalty upon a person for such violation. Such
penalty may be assessed whether or not the violation was willful or
negligent. The amount of such assessment shall not exceed $600.
