[HISTORY: Adopted by the Board of Supervisors
of the Township of Athens as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-27-1995 by Ord. No. 122]
As used in this article, the following terms
shall have the meanings indicated:
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 Township of Athens Police
Department or any of the emergency agencies or services which may
service the Township of Athens, including but not limited to fire
companies or rescue squads operating in the Township of Athens; 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.
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 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 Township of Athens Police
Department or any of the emergency agencies or services which may
assist the Township of Athens, including but not limited to fire companies
or rescue squads operating in the Township of Athens; 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 that a hazardous accident occurs during transportation of a public thoroughfare, or a delivery to any entity other than a business as defined in § 94-1, "entity" 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 a hazardous accident.
B.
In the event that any person undertakes, either voluntarily or upon order of an official of the Township of Athens, 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:
(1)
Expenses incurred by police, fire or emergency medical
services;
(2)
Actual labor costs of the Township personnel, including
benefits and administrative overhead;
(3)
Costs of consultants or others preparing reports concerning
the hazardous accident;
(4)
Costs of equipment operations;
(5)
Cost of materials obtained directly by the Township;
(6)
Costs of any contractual labor and materials for cleanup
or abatement;
(7)
Costs of the Township Solicitor and Township Engineer
connected with the hazardous accident;
(8)
Costs to replace or repair any damage caused to equipment
utilized by the Township or any other 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% 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 which 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 Athens, 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:
(1)
Expenses incurred by police, fire or emergency medical
services;
(2)
Actual labor costs of the Township personnel, including
benefits and administrative overhead;
(3)
Costs of consultants or others preparing reports concerning
the hazardous accident;
(4)
Costs of equipment operations;
(5)
Cost of materials obtained directly by the Township;
(6)
Costs of any contractual labor and materials for cleanup
or abatement;
(7)
Costs of the Township Solicitor and Township Engineer
connected with the hazardous accident;
(8)
Costs to replace or repair any damage caused to equipment
utilized by the Township or any other 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% per month commencing after the expiration of the thirty-day grace
period.
The Township shall from time to time adopt a
resolution, after consultation with the Township Fire Department,
Township Police Department and Township Supervisors, to adopt a schedule
of fees for personnel, material and equipment to be reimbursed to
the Township for its activities in connection with the cleanup operation
set forth in this article.
