[Adopted 5-7-2003 by Ord.
No. 253]
The following words and phrases, when used in this Part, shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section.
Any person or persons, corporation, partnership, or other
entity engaged in the buying, selling, storing, transferring, transporting
and/or manufacturing or properties, merchandise, chemicals or other
fuels, goods and who do so for any form of compensation.
Any industrial accident or other incident which results in
the spill, release, or discharge of any substance potentially dangerous
to the public health and welfare at large, or negatively impacts the
water, soil or air quality resources of Upper Makefield Township.
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 Upper Makefield Township Police Department
or any of the emergency agencies, including fire, ambulance, or rescue
squads which may serve Upper Makefield Township including, but not
limited to, the fire companies or any rescue squad operating or providing
service in Upper Makefield Township or the Upper Makefield Township
Emergency Management Coordinator.
The need for cleanup and/or abatement measures to be performed
by Township employees, or other matters resulting in expense to the
Township.
Bridges, state highways, Township streets and 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, or public or private rail line.
A.
The owner of the premises on which an industrial or environmental accident occurs shall bear all costs that occur as a direct or consequential result of such industrial or environmental accident. In the event an industrial or environmental accident occurs during transportation on a public thoroughfare, or in delivery to an entity other than a business as defined in § 1-1201 hereinabove, the entity who owns or had custody and/or control of the vehicle and/or substance involved in the industrial or environmental 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 or environmental accident.
B.
In the event that any person undertakes, either voluntarily or upon order of the Emergency Management Coordinator or other Township official, to clean up or abate the effects of an industrial or environmental accident, the Emergency Management Coordinator 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 above shall be liable to the Township for all costs incurred as a result of such supervision or verification.
