[HISTORY: Adopted by the Borough Council of the Borough of Sayre 6-19-1995
by Ord. No. 725. Amendments noted where applicable.]
As used in this chapter, 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 Borough of Sayre Police Department or any other
agency of the borough or any emergency agencies or services which may service
the Borough of Sayre, including but not limited to fire companies or rescue
squads operating in the Borough of Sayre.
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 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 as a result of 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 Sayre Police Department or any other
agency of the borough or any of the emergency agencies or services which may
assist the Borough of Sayre, including but not limited to fire companies or
rescue squads operating in the Borough of Sayre.
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 are incurred as a direct or consequential result of a hazardous accident. In the event that a hazardous accident occurs during transportation on a public thoroughfare or a delivery to an entity other than a business as defined in § 95-1 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 Sayre, 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 business or entity described in § 95-2A 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 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 costs of equipment operations.
(4)
Costs of materials obtained directly or indirectly by
the borough.
(5)
Costs of any contractual labor and materials for clean
up or abatement.
(6)
Costs of the Borough Solicitor, Engineers and Borough
Manager connected with the hazardous accident.
(7)
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.
E.
In the event that the payment of the costs is more than
30 days delinquent, the Borough may also impose a penalty of 5% for any amounts
that remain unpaid. The Borough Solicitor shall be responsible for the collection
of any delinquent payments by institution of a lawsuit.
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 chapter, 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 Sayre, 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 § 95-3A 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 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 or indirectly by
the Borough Solicitor, Engineers and Borough Manager.
(6)
Costs of any contractual labor and materials for cleanup
or abatement.
(7)
Costs of the Borough Solicitor and Borough Engineer connected
with the dangerous incident.
(8)
Costs to use, 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.
E.
In the event that the payment of the costs is more than
30 days delinquent, the borough may also impose a penalty of 5% for any amounts
that remain unpaid. The Borough Solicitor shall be responsible for the collection
of any delinquent payments by institution of a lawsuit.
The borough shall from time to time adopt a resolution, after consultation
with the Borough Fire Department, Borough Police Department and Borough Manager,
to adopt a schedule of fees for personnel, material and equipment to be reimbursed
to the borough for its activities in connection with the cleanup operations
set forth in this chapter.
