(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS. Any person or persons, corporation, partnership or other entity engaged in the buying, selling, storing, transferring, transporting and/or manufacturing of properties, merchandise, chemicals or other fuels, goods and who do so for any form of compensation.
INDUSTRIAL ACCIDENT. Any incident that occurs from the storage, transportation, use and/or manufacturing of any substance potentially dangerous to the public health and welfare at large that necessitates:
(a) The intervention of the Township Police Department or any of the emergency agencies, including fire, ambulance or rescue squads which may service the township including, but not limited to, the Ottsville Fire Company, the Dublin Fire Company, the Plumsteadville Fire Company and any rescue squad operating in the township or the township emergency management organization; or
(b) The need for clean-up and/or abatement measures to be performed by township employees, or other matters resulting in expense to the township.
PUBLIC THOROUGHFARE. Bridges, state highways, township streets, any navigable waterways or other roadways or watercourses owned by a township governmental unit, or other privately owned street, parking lot or accessway to which the public has access.
(B) Cost of industrial accidents.
(1) The business on whose premises an industrial accident occurs shall bear all costs that occur as a direct or consequential result of such industrial accident. In the event an industrial accident occurs during transportation on a public thoroughfare, or in delivery to an entity other than a business as defined in division (A) above, the entity or which who owns or had custody and/or control of the vehicle and/or substance involved in the industrial 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 such industrial accident.
(2) In the event that any person undertakes, either voluntarily or upon order of the Environmental Officer or other township official to clean-up or abate the effects of an industrial accident, the Environmental Officer may take such action as is necessary to supervise or verify the adequacy of the clean-up or abatement. The business or entity described in division (B)(1) above shall be liable to the township for all costs incurred as a result of such supervision or verification.
(3) For the purpose of this section, costs of an industrial accident shall include, but is not limited to, the following: expenses incurred by police, fire and/or emergency medical services; actual labor costs of 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 clean-up and/or abatement; costs of the Township Solicitor and/or Township Engineer connected with the industrial accident.
(4) The costs of such industrial accident as set forth in division (B)(3) above shall be determined by the township representative designated by the Board of Supervisors.
(5) Such costs when determined shall be paid to the township within 30 days from the date on which the township issues an invoice for such charges.
(Ord. 100, passed 5-9-1990)