CONYNGHAM TOWNSHIP HAZMAT CLEANUP ABATEMENT COSTS ORDINANCE
ADOPTED APRIL 1 1972
ORDINANCE NO. 994
AN ORDINANCE OF THE TOWNSHIP OF CONYNGHAM AUTHORIZING THE COLLECTION AND REIMBURSEMENT OF THE COSTS OF ABATEMENT OF HAZARDOUS / CONTAGIOUS ACCIDENTS AND EMERGENCY RESPONSE TO DANGEROUS INCIDENTS.
WHEREAS, the Supervisors of the Township of Conyngham are empowered to adapt ordinances deemed necessary for the proper management, care and control of the Township and its finances and the maintenance of peace, good government and welfare of the Township and its trade, commerce and manufacturing; and
WHEREAS, the Township of Conyngham may incur substantial costs in connection with hazardous accidents and emergency response to dangerous incidents which occur in the Township for the reason that immediate action must be taken when the accident or incident is discovered; and
WHEREAS, the Supervisors have determined that any person who is responsible for such hazardous accidents or dangerous incidents should bear all costs associated with such accidents or incidents and reimburse the Township, if it has been necessary for the Township to make immediate financial commitments in order to lessen the hazard caused by the accident or incident; and
WHEREAS, the Supervisors have determined that it is in the best interest to enact an ordinance authorizing the recovery of costs incurred by the Township by the results of hazardous accidents or dangerous incidents from the person or legal entity responsible; or in making an immediate demand upon the party responsible for the accident or incident.
NOW, THEREFORE, it is hereby ordained and enacted by the Supervisors of the Township of Conyngham, as follows:
AN ORDINANCE OF THE TOWNSHIP OF CONYNGHAM AUTHORIZING THE COLLECTION AND REIMBURSEMENT OF THE COSTS OF ABATEMENT OF HAZARDOUS / CONTAGIOUS ACCIDENTS AND EMERGENCY RESPONSE TO DANGEROUS INCIDENTS.
WHEREAS, the Supervisors of the Township of Conyngham are empowered to adapt ordinances deemed necessary for the proper management, care and control of the Township and its finances and the maintenance of peace, good government and welfare of the Township and its trade, commerce and manufacturing; and
WHEREAS, the Township of Conyngham may incur substantial costs in connection with hazardous accidents and emergency response to dangerous incidents which occur in the Township for the reason that immediate action must be taken when the accident or incident is discovered; and
WHEREAS, the Supervisors have determined that any person who is responsible for such hazardous accidents or dangerous incidents should bear all costs associated with such accidents or incidents and reimburse the Township, if it has been necessary for the Township to make immediate financial commitments in order to lessen the hazard caused by the accident or incident; and
WHEREAS, the Supervisors have determined that it is in the best interest to enact an ordinance authorizing the recovery of costs incurred by the Township by the results of hazardous accidents or dangerous incidents from the person or legal entity responsible; or in making an immediate demand upon the party responsible for the accident or incident.
NOW, THEREFORE, it is hereby ordained and enacted by the Supervisors of the Township of Conyngham, as follows:
SECTION 1. DEFINITIONS.
A. HAZARDOUS ACCIDENT: - Any incident that occurs from 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:
1. The intervention of the Township of Conyngham Police Department or any of the emergency agencies or services which may assist the Township of Conyngham, - including, but not limited to Fire Companies or Rescue Squads operating in the Township of Conyngham; or
2. 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.
B. 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:
1. The intervention of the Township of Conyngham Police Department or any of the emergency agencies or services which may service the Township of Conyngham, including but not limited to Fire Companies or Rescue Squads operating in the Township of Conyngham; or
2. The need for clean-up or abatement measures to be performed by the Township employees, or the need for any responsive action resulting in expense to the Township.
C. 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.
D. PUBLIC THOROUGHFARE: Bridges, State highways, County roads, Township streets, any navigable waterways or other roadways or water courses owned by a governmental unit, or a privately owned street, parking lot or access way to which the public has access.
SECTION 2. COST OF ABATEMENT OF HAZARDOUS ACCIDENTS.
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 that a Hazardous Accident occurs during transportation on a public thoroughfare, or in delivery to an entity other than a Business defined in Section 1(C) herein above, 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 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 the order of an official of the Township of Conyngham, 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 Section 2(A) herein above shall be liable to the Township for all costs incurred as a result of such supervision or verification.
C. For the purpose this ordinance, costs of a Hazardous Accident shall include, but not be limited to, the following: Expenses incurred by the Police, Fire, or Emergency Medical Services; actual labor costs of Township personnel, including benefits and administrative overhead; cost of consultants or others preparing reports concerning the Hazardous Accident; costs of equipment operations; costs of materials obtained directly by the Township; costs 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.
D. The costs resulting from the Hazardous Accident shall be paid directly to the Township within thirty (30) days from the date on which the Township issued 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 thirty (30) days grace period.
SECTION 3. COSTS OF EMERGENCY RESPONSE TO DANGEROUS INCIDENTS.
A. Any entity which owns or has custody of or has control of any motor vehicle or other instrumentality that creates a Dangerous Instrument as defined by this ordinance, or any other entity which owns or leases any real property upon which a Dangerous Incident takes place, shall be responsible for all costs for 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 Conyngham, to clean up or abate the effects of any Dangerous Incident, the Township may take any action as deemed necessary to supervise or verify the adequacy of the clean-up or abatement. The entity described in Section 3(A) herein above shall be liable to the Township for all costs incurred as a result of such supervision or verification.
C. For the purpose of this ordinance, costs at a Dangerous Incident shall include, but are not limited to, the following;
Expenses incurred by the Police, Fire, or Emergency Medical Services; actual labor costs of the 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 clean-up or abatement; costs of the 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 within thirty (30) days from the date which the Township issued 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 (30) day grace period.
SECTION 4 SEVERABILITY
THE PROVISIONS of this ordinance are severable. If any section, clause, sentence, part of provision thereof shall be held illegal, invalid or unconstitutional by any Court of competent Jurisdiction, such decision of the court shall not affect or impair any of the remaining sections, clauses, sentences, parts or provisions of this Ordinance.
SECTION 5 REPEALER
ALL ORDINANCES and regulations inconsistent herewith are hereby repealed.
ENACTED AND ORDAINED, this 8th day of September, 1994
CONYNGHAM TOWNSHIP SUPERVISORS
Attest:
Supervisor / Chairman - Edward Hoffman
Supervisor - Thomas Cooper
Supervisor / Secretary / Treasurer - Edward Reichwein
Emergency Management Coordinator - Garry Russell
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