[Ord. 2007-02-01, 2/12/2007]
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.
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 New Britain Township Police Department
or any of the emergency agencies or services which may service New
Britain Township including, but not limited to, fire companies or
rescue squads operating in New Britain Township or the New Britain
Township Emergency Management Organization.
The need for clean-up and/or abatement measures to be performed
by Township employees or other matters resulting in expense to the
Township.
Bridges, state highways, Township streets, any navigable
waterways or other roadways or watercourses owned by a governmental
unit or other privately owned street, parking lot or accessway to
which the public has access.
[Ord. 2007-02-01, 2/12/2007]
1.
The business on whose premises an industrial accident occurs shall bear all costs which 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 § 1-501 hereinabove, the entity who owns or has custody and/or control of the vehicle, 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 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 New Britain Township Emergency Management Organization or other Township official to clean-up or abate the effects of any industrial accident, the New Britain Township Emergency Management Organization 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 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 an industrial accident shall
include, but are not limited to, the following:
A.
Expenses incurred by police, fire and/or emergency medical services.
B.
Actual labor costs of New Britain Township personnel, including benefits
and administrative overhead.
C.
Costs of consultants or others preparing reports concerning the industrial
accident.
D.
Costs of equipment operations.
E.
Costs of materials obtained directly by the Township.
F.
Cost of any contractual labor and materials for clean-up and/or abatement.
G.
Costs of the Township Solicitor and Township Engineer connected with
the industrial accident.
4.
The costs of such industrial accident as set forth in Subsection 3 hereinabove shall be determined by the Township Supervisors.
5.
Such costs for all emergency services rendered shall be paid directly
to the Township within 30 days from the date on which the Township
issues an invoice for such charges.
[Ord. 2007-02-01, 2/12/2007]
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this Part shall, upon
being found liable therefor in a civil enforcement proceeding commenced
by the Township, pay a judgment of not more than $600 plus all court
costs, including reasonable attorneys fees incurred by the Township
as a result thereof. Each day that a violation continues shall constitute
a separate violation.
