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Code of the Township of Abington                                    [ Back to Table of Contents ]

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PART II GENERAL LEGISLATION: Chapter 75, INDUSTRIAL ACCIDENTS

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Public emergencies -- See Ch. 74.

Fire prevention -- See Ch. 85.

ARTICLE I, Reimbursement [Adopted 3-14-1991 by Ord. No. 1687]

75-1. Definitions.

As used in this article, the following terms shall have the meanings indicated:

BUSINESS -- Any person, corporation, partnership, company, association or other entity engaged in the buying, selling, storing, transferring, transporting, manufacturing or processing of merchandise, chemicals, fuels, goods, moneys, sources and/or other items who do so for a fee, price, retainer, percentage or other means of compensation for the purpose, stated or otherwise, of realizing profit or other gains.

INDUSTRIAL ACCIDENT -- Any incident that occurs from the storage, transportation, use, manufacturing, processing or discharging of any substance potentially dangerous to the public health and welfare at large that necessitates:

A. The intervention of the Abington Township Police Department or any of the emergency agencies or services which may assist Abington Township, including but not limited to fire companies or rescue squads operating in Abington Township or the Abington Township Emergency Management Organization or emergency response agencies employed by Abington Township; or

B. The need for cleanup and/or abatement measures to be performed by township employees and any related services resulting in expense to the township.

PUBLIC THOROUGHFARE -- State, county or township bridges, a state highway, a township street, any navigable waterway or any other roadway or watercourse owned by a governmental unit.

75-2. Determination of costs; responsibility.

A. The business which owns or leases the premises on which an industrial accident occurs shall be responsible for and bear all costs that occur which result from an industrial accident, including administrative costs and attorneys' fees. In the event that an industrial accident occurs during transportation on a public thoroughfare or in delivery to an entity other than a business as defined in 75-1, the entity which owns or has custody or control of the vehicle or substance involved in the industrial accident shall bear all costs of such accident.

B. In the event that any person undertakes, either voluntarily or upon order of the Abington Township Emergency Management Organization or other township official to clean up or abate the effects of an industrial accident, the Abington Township Emergency Management Organization may take such action as is 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 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 Abington Township 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 township; cost of any contractual labor and materials for cleanup and/or abatement; and engineering costs attorneys' fees and all costs imposed upon the Township of Abington connected with the industrial accident.

D. The costs of such industrial accident as set forth in Subsection C hereinabove shall be determined by the Township Manager or his/her designee.

E. Such costs for all emergency services rendered shall be due and payable directly to the township through the office of the Abington Township Emergency Management Organization within 30 days from the date on which the township issues an invoice for such charges.

75-3. Conflict with other provisions.

Whenever the requirements of this article are in conflict with other requirements of the Codified Ordinances of Abington Township, the most restrictive, or those imposing the higher standards, shall govern.

75-4. Severability.

If any sentence, clause, section or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article.

75-5. When effective.

This Article shall take effect immediately.