[HISTORY: Adopted by the Borough Council of the Borough of Langhorne 12-14-2016 by Ord. No. 2016-02. Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
As used in this chapter, the following terms shall have the meanings indicated:
ACCIDENT
A contamination accident is any incident that occurs from the buying, selling, storing, transferring, transporting and/or manufacturing of hazardous materials, as defined in the Hazardous Material Emergency Planning and Response Act, 35 P.S. § 6022.103, and requires:
A. 
The intervention of the Borough of Langhorne Police Department, any company or business handling streetlights, video cameras or traffic control devices, the Langhorne-Middletown Fire Company or any emergency agencies or services that serve the Borough of Langhorne, including but not limited to fire companies or rescue squads operating in the Borough of Langhorne, the Bucks County Emergency Management Agency or emergency response agencies employed by the Borough of Langhorne, Bucks County, Commonwealth of Pennsylvania or United States of America.
B. 
The need for public safety, cleanup, restoration, temporary protection or safety, remediation and/or abatement measures to be performed by Borough employees or any such measures, including administrative expenses, overtime wages, and other charges resulting in expense to the Borough.
BUSINESS
Any person or persons, nonprofit corporation, corporation or partnerships or other entity engaged in the buying, selling, storing, transferring, transporting and/or manufacturing of properties, merchandise, chemicals, fuels, or goods.
PUBLIC THOROUGHFARE
State, county or Borough bridge, underpass, tunnel, highway, road, street, avenue, lane or alley, sidewalk, trail, and any other roadway, path or watercourse owned by any governmental unit.
A. 
The business on whose premises a contamination accident occurs shall bear all costs that occur as a direct or consequential result of such accident. In the event a contamination accident occurs during transportation on a public thoroughfare, or in delivery to an entity other than a business as defined in § 170-1, the entity which or who owns or had custody and/or control of the vehicle and/or substance involved in the 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 or contributed to such accident.
B. 
A person, entity or business owning, controlling, in custody of or storing, using or misusing, or operating a motor vehicle, equipment, materials or appliance involved in an accident shall bear all costs that occur as a direct or consequential result of such accident. Nothing contained herein shall prevent such person, entity or business from recovering any incurred or subsequent costs from a third party whose negligence may have caused or contributed to such accident.
C. 
In the event that any person, entity or business undertakes, either voluntarily or upon order of the Borough of Langhorne Emergency Management Coordinator, Borough Manager, or other Borough official or designated person to clean-up, restore, install or erect temporary protection or safety measures, remediate, restore or abate the effects of an accident, the Borough of Langhorne Emergency Management Manager, Borough Manager, or other Borough official or designated person may take such action as is necessary to supervise or verify the adequacy of the work or behavior. The person, entity or business shall be liable to the Borough for all costs incurred as a result of such supervision or verification.
D. 
For the purpose of this chapter costs of an accident shall include, but are not limited to, the following:
(1) 
Expenses incurred by police, technical, traffic, fire, medical or emergency services, or any other service responding to the accident, its remediation or clean-up, investigation and claim resolution;
(2) 
Office and labor costs of the Borough of Langhorne personnel, including overtime, benefits and administrative overhead;
(3) 
Costs of consultants or others preparing reports concerning the accident;
(4) 
Costs of equipment operations;
(5) 
Costs of materials obtained directly by the Borough;
(6) 
Cost of any contractual labor and materials for clean-up, restoration, temporary protection measures, remediation, restoration or abatement;
(7) 
Costs of the Borough Solicitor and Engineer as a result of their involvement in the accident, its aftermath, the recovery of the costs, and the prosecution of violators; and
(8) 
Costs of interest (at the prime rate, but at a minimum of 4%), plus the costs of any filing fees, court costs or liens.
E. 
The costs of such accident as set forth shall be determined by the Borough Manager, or other designated official or person, in coordination with the Langhorne-Middletown Fire Company or any emergency agencies or services that serve the Borough of Langhorne, including but not limited to fire companies or rescue squads operating in the Borough of Langhorne, the Bucks County Emergency Management Agency or emergency response agencies employed by the Borough of Langhorne, Bucks County, Commonwealth of Pennsylvania or United States of America.
F. 
Such costs for all services rendered shall be paid directly to the Borough or to the office of the Borough of Langhorne Emergency Management Organization within 30 days from the date on which the Borough issues an invoice for such costs and charges.
G. 
The Borough Manager, or other designated agent, shall allocate the funds received (after payment of all Borough costs, on a pro rata basis if 100% of the costs are not recovered) to the Langhorne-Middletown Fire Company or any emergency agencies or services that serve the Borough of Langhorne, including but not limited to fire companies or rescue squads operating in the Borough of Langhorne, the Bucks County Emergency Management Agency or emergency response agencies employed by the Borough of Langhorne, Bucks County, Commonwealth of Pennsylvania or United States of America.
Whenever the requirements of this chapter or part are in conflict with other requirements of any other of the ordinances of the Borough of Langhorne, the most restrictive, or those imposing the higher standards, shall govern.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, entity, firm, or corporation who violates any provision of this chapter shall, upon conviction in a summary proceeding 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 court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Bucks County. Any fines, costs and attorneys' fees shall be in addition to any judgment entered by a court of competent jurisdiction for the underlying costs of clean-up as defined in § 170-2 of this chapter.
If any provision of this chapter shall be held invalid, such provision shall be deemed severable and the invalidity thereof shall not affect the remaining provisions of this chapter.