[HISTORY: Adopted by the Borough Council of the Borough of Morrisville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-8-1991 by Ord. No. 849]
As used in this article, 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
or other items potentially dangerous to the public health and welfare.
An industrial accident is an 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 clean-up, abatement
measures or any other services or intervention by the Borough of Morrisville
Police Department or any of the fire companies or rescue squads operating
in Morrisville Borough or emergency response agencies employed or requested
by the Borough of Morrisville, or service performed by Borough employees or
anything else resulting in expense to the Borough as a result of the incident.
County bridges, State highways, Borough streets, any navigable waterway
or any other roadway or water course owned by a governmental unit.
A.
The business on whose premises an industrial accident occurs and/or the business owning the property or controlling the real estate or the material which causes the accident and/or the persons or business responsible for the accident, solely, jointly and severally 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 § 230-1 hereinabove, the entity which owns or had custody and/or control of the vehicle and/or substance involved in the industrial accident shall, solely or with others who may be liable under this article, bear all costs that occur as a direct or consequential result of such accident. Nothing contained herein shall prevent any business or entity from recovering any incurred or subsequent costs from a third party whose negligence may have caused such industrial accident.
B.
In the event that any person undertakes, either voluntarily or upon order of an environmental officer or Borough official to clean-up or abate the effects of an industrial accident, the environmental officer or Borough official 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 § 230-2A hereinabove shall be liable to the Borough for all costs incurred as a result of such supervision or verification.
C.
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
Morrisville Borough 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 Borough; cost of any contractual labor and materials for clean-up and/or
abatement; costs of the Borough Solicitor and/or Borough Engineer connected
with the industrial accident; any other reasonable and necessary costs incurred
to clean-up and abate the effects of an industrial accident.
D.
The costs of such industrial accident as set forth in § 230-2C hereinabove shall be determined by the Borough Manager, or his/her designee.
E.
Such costs when determined shall be paid to the Borough
within 30 days from the date on which the Borough issues an invoice for such
charges.
