[HISTORY: Adopted by the Board of Supervisors of the Township of
Mahoning as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-25-1996]
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 Mahoning Township Police Department or any of
the emergency agencies or services which may service Mahoning Township, including
but not limited to Fire Companies or Rescue Squads operating in Mahoning Township;
The need for cleanup or abatement measures to be performed by Township
employees, or the need for any responsive action resulting in expense to the
Township.
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 Mahoning Township Police Department or any of
the emergency agencies or services which may assist the Township of Mahoning,
including but not limited to Fire Companies or Rescue Squads operating in
Mahoning Township; or
The need for cleanup or abatement measures to be performed by Township
employees, or the need for any responsive action resulting in expense to the
Township.
Bridges, state highways, county roads, Township 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 § 147-1 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 Township of Mahoning, to clean up or abate the effects of any hazardous accident, the Township may take such action as deemed 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 Township 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, but are not limited to, the following: expenses incurred
by police, fire, or emergency medical services; actual labor costs of Township
personnel, including benefits and administrative overhead; costs of consultants
or others preparing reports concerning the hazardous accident; costs of equipment
operations; costs of materials obtained directly by the Township; cost of
any contractual labor and materials for cleanup or abatement; costs of the
Township Solicitor and Township Engineer connected with the hazardous accident;
costs to replace or repair any damage caused to equipment utilized by the
Township or any service agency which responded to the accident.
D.
The costs resulting from the hazardous accident shall
be paid directly to the Township within 30 days from the date on which the
Township 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 Township of Mahoning, to clean up or abate the effects of any dangerous incident, the Township 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 Township for all costs incurred as a result of such supervision or verification.
C.
For the purpose of this article, costs of a dangerous
incident shall include, but are not limited to, the following: Expenses incurred
by police, fire, or emergency medical services; actual labor costs of Township
personnel, including benefits and administrative overhead; costs of consultants
or others preparing reports concerning the dangerous incident; costs of equipment
operations; costs of materials obtained directly by the Township; costs of
any contractual labor and materials for cleanup or abatement; costs of the
Township Solicitor and Township Engineer connected with the dangerous incident;
costs to replace or repair any damage caused to equipment utilized by the
Township or any other service agency which responded to the incident.
D.
The costs resulting from the dangerous incident shall
be paid directly to the Township with 30 days from the date on which the Township
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.
Any person or entity who or which shall default on payments required
by this article, 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 for a term not exceeding 90 days.
Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section of this
article that is violated shall also constitute a separate offense.
