[Ord. 92-6, 10/12/1992, § 1]
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 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 New Hanover Township Police Department
or any of the emergency agencies or services which may service the
Township of New Hanover including, but not limited to, fire companies
or rescue squads operating in the Township of New Hanover.
The need for clean-up or abatement measures to be performed
by Township employees, or the need for any responsive action resulting
in expense to the Township.
Any incident that occurs from 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 New Hanover Township Police Department
or any of the emergency agencies or services which may assist the
Township of New Hanover including, but not limited to, fire companies
or rescue squads operating in the Township of New Hanover.
The need for clean-up or abatement measures to be performed
by Township employees, or the need for any responsive action resulting
in expense to the Township.
Bridges, state highways, county roads, Township streets,
any navigable waterways or other roadways or watercourses owned by
a governmental unit, or a privately owned street, parking lot or access
way to which the public has access.
[Ord. 92-6, 10/12/1992, § 2]
1.
The business which owns or leases the premises on which a hazardous accident occurs shall be responsible for all costs that occur as a direct or consequential result of a hazardous accident. In the event a hazardous accident occurs during transportation on a public thoroughfare, or in delivery to an entity other than a business as defined in § 10-201 hereinabove, the entity which 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.
2.
In the event that any person undertakes, either voluntarily or upon order of an official of the Township of New Hanover, to clean-up or abate the effects of any hazardous accident, the Township may take such action as deemed necessary to supervise or verify the adequacy of the clean-up or abatement. The business or entity described in § 10-202, hereinabove, shall be liable to the Township for all costs incurred as a result of such supervision or verification.
3.
For the purpose of this part, costs of a hazardous accident shall
include, but are not limited to, the following: expenses incurred
by police, fire or emergency medical services; actual labor costs
of Township personnel, including benefits and administrative overhead;
costs of consultants or other preparing reports concerning the hazardous
accident; cost of easements or others preparing reports concerning
the hazardous accident; costs of equipment operations; costs of materials
obtained directly by the Township; cost of any contractual labor and
materials for clean-up or abatement; costs of the Township Solicitor
and Township Engineer connected with the hazardous accident; costs
to replace or repair any damage caused to equipment utilized by the
Township or any other service agency which responded to the accident.
4.
The costs resulting from the hazardous accident shall be paid directly
to the Township within 30 days from the date on which the Township
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.
[Ord. 92-6, 10/12/1992, § 3]
1.
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 part, 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.
2.
In the event that any person undertakes, either voluntarily or upon order of any official of the Township of New Hanover, to clean-up or abate the effects of any dangerous incident, the Township may take such action as deemed necessary to supervise or verify the adequacy of the clean-up or abatement. The entity described in Subsection 1 hereinabove shall be liable to the Township for all costs incurred as a result of such supervision or verification.
3.
For the purpose of this part, costs of a dangerous incident shall
include, but are not limited to, the following: expenses incurred
by police, fire, or emergency medical services; actual labor costs
of Township personnel, including benefits and administrative overhead;
costs of consultants or others preparing reports concerning the dangerous
incident; costs of equipment operations; cost of materials obtained
directly by the Township; cost of any contractual labor and materials
for clean-up or abatement; costs of the Township Solicitor and Township
Engineer connected with the dangerous incident; costs to replace or
repair any damage caused to equipment utilized by the Township or
any other service agency which responded to the incident.
4.
The costs resulting from the dangerous incident shall be paid directly
to the Township within 30 days from the date on which the Township
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.
