[HISTORY: Adopted by the Board of Supervisors of the Township of
Lower Makefield 4-15-1991 as Ord. No. 259.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any person or persons, corporations or partnerships or other entity
engaged in the buying, selling, storing, transferring, transporting and/or
manufacturing of properties, merchandise, chemicals, fuels, goods, moneys,
sources and/or other items who do so for a fee, price, retainer, percentage
and/or other means of compensation for the purpose stated or otherwise, of
realizing a profit and/or other gains.
An industrial accident is 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:
The intervention of the Lower Makefield Township Police Department or
any other agencies or services which may service Lower Makefield Township,
including but not limited to Fire Companies or rescue squads operating in
Lower Makefield Township or the Lower Wakefield Township Emergency Management
Organization or Emergency Response Agencies employed by Lower Makefield Township;
or
The need for cleanup and/or abatement measures to be performed by township
employees or anything else resulting in expense to the township.
County bridges, state highway, township street, any navigable waterway
or any other roadway or watercourse owned by a governmental unit.
A.Â
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 that an industrial accident occurs during transportation on a public thoroughfare or in delivery to an entity other than a business as defined in § 124-1 hereinabove, the entity 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.
B.Â
In the event that any person undertakes, either voluntarily or upon order of the Lower Makefield Township Emergency Management Organization or other Township Official to cleanup or abate the effects of an industrial accident, the Lower Makefield 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 § 124-2A hereinabove shall be liable to the township for all costs incurred as a result of such supervision or verification.
C.Â
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 Lower
Makefield 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; costs of the testing and monitoring subsequent to the accident;
administrative costs; costs of the Township Solicitor and/or Township Engineer
connected with the industrial accident.
D.Â
The costs of such industrial accident as set forth in § 124-2C hereinabove shall be determined by the Township Manager, or his/her designee.
E.Â
Invoices not paid within thirty (30) days of the date
of issuance by the township shall bear interest at the rate of ten percent
(10%) per annum on the unpaid balance.
Whenever the requirements of this chapter are in conflict with other
requirements of the Codified Ordinances of Lower Makefield Township, the most
restrictive or those imposing the higher standards shall govern.
