[HISTORY: Adopted by the Board of Supervisors of the Township of Mahoning as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 29.
Police Department — See Ch. 57.
Solid waste — See Ch. 196.
[Adopted 11-25-1996]
As used in this article, the following terms shall have the meanings indicated:
BUSINESS
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.
DANGEROUS INCIDENT
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:
A. 
The intervention of the Mahoning Township Police Department or any of the emergency agencies or services which may service Mahoning Township, including but not limited to Fire Companies or Rescue Squads operating in Mahoning Township;
B. 
The need for cleanup or abatement measures to be performed by Township employees, or the need for any responsive action resulting in expense to the Township.
HAZARDOUS ACCIDENT
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:
A. 
The intervention of the Mahoning Township Police Department or any of the emergency agencies or services which may assist the Township of Mahoning, including but not limited to Fire Companies or Rescue Squads operating in Mahoning Township; or
B. 
The need for cleanup or abatement measures to be performed by Township employees, or the need for any responsive action resulting in expense to the Township.
PUBLIC THOROUGHFARE
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 accessway to which the public has access.
A. 
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 § 147-1 hereinabove, the entity who 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.
B. 
In the event that any person undertakes, either voluntarily or upon order of an official of the Township of Mahoning, 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 cleanup or abatement. The business or entity described in Subsection A hereinabove shall be liable to the Township for all costs incurred as a result of such supervision or verification.
C. 
For the purpose of this article, 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 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 cleanup 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 service agency which responded to the accident.
D. 
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.
A. 
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 article, 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.
B. 
In the event that any person undertakes, either voluntarily or upon order of any official of the Township of Mahoning, 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 cleanup or abatement. The entity described in Subsection A hereinabove shall be liable to the Township for all costs incurred as a result of such supervision or verification.
C. 
For the purpose of this article, 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; costs of materials obtained directly by the Township; costs of any contractual labor and materials for cleanup 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.
D. 
The costs resulting from the dangerous incident shall be paid directly to the Township with 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.
Any person or entity who or which shall default on payments required by this article, shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).