[HISTORY: Adopted by the Board of Commissioners of the Township of
Abington as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-14-1991 by Ord. No. 1687]
As used in this article, the following terms shall have the meanings
indicated:
Any person, corporation, partnership, company, association or other
entity engaged in the buying, selling, storing, transferring, transporting,
manufacturing or processing of merchandise, chemicals, fuels, goods, moneys,
sources and/or other items who do so for a fee, price, retainer, percentage
or other means of compensation for the purpose, stated or otherwise, of realizing
profit or other gains.
Any incident that occurs from the storage, transportation, use, manufacturing,
processing or discharging of any substance potentially dangerous to the public
health and welfare at large that necessitates:
The intervention of the Abington Township Police Department or any of
the emergency agencies or services which may assist Abington Township, including
but not limited to fire companies or rescue squads operating in Abington Township
or the Abington Township Emergency Management Organization or emergency response
agencies employed by Abington Township; or
The need for cleanup and/or abatement measures to be performed by township
employees and any related services resulting in expense to the township.
State, county or township bridges, a state highway, a township street,
any navigable waterway or any other roadway or watercourse owned by a governmental
unit.
A.
The business which owns or leases the premises on which an industrial accident occurs shall be responsible for and bear all costs that occur which result from an industrial accident, including administrative costs and attorneys' fees. In the event that an industrial accident occurs during transportation on a public thoroughfare or in delivery to an entity other than a business as defined in § 75-1, the entity which owns or has custody or control of the vehicle or substance involved in the industrial accident shall bear all costs of such accident.
B.
In the event that any person undertakes, either voluntarily or upon order of the Abington Township Emergency Management Organization or other township official to clean up or abate the effects of an industrial accident, the Abington Township Emergency Management Organization may take such action as is 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 section, costs of an industrial
accident shall include but are not limited to the following: expenses incurred
by police, fire and/or emergency medical services; actual labor costs of Abington
Township personnel, including benefits and administrative overhead; costs
of consultants or others preparing reports concerning the industrial accident;
costs of equipment operations; costs of materials obtained directly by the
township; cost of any contractual labor and materials for cleanup and/or abatement;
and engineering costs attorneys' fees and all costs imposed upon the
Township of Abington connected with the industrial accident.
D.
The costs of such industrial accident as set forth in Subsection C hereinabove shall be determined by the Township Manager or his/her designee.
E.
Such costs for all emergency services rendered shall
be due and payable directly to the township through the office of the Abington
Township Emergency Management Organization within 30 days from the date on
which the township issues an invoice for such charges.
Whenever the requirements of this article are in conflict with other
requirements of the Codified Ordinances of Abington Township, the most restrictive,
or those imposing the higher standards, shall govern.
If any sentence, clause, section or part of this article is for any
reason found to be unconstitutional, illegal or invalid, such unconstitutionality,
illegality or invalidity shall not affect or impair any of the remaining provisions,
sentences, clauses, sections or parts of this article.
This Article shall take effect immediately.
