For the purposes of this article, the following
terms shall be defined in accordance with this section:
FIRE DEPARTMENT
The designated fire protection agency for Crafton Borough and/or any other volunteer fire department authorized
to provide service in the Borough.
HAZARDOUS MATERIALS
Any substances or materials in a quantity or form which pose
an unreasonable and imminent risk to the life, health or safety of
persons or property or to the ecological balance of the environment,
and shall include, but not be limited to, such substances as explosives,
radioactive materials, petroleum products or gases, poisons, etiologic
(biologic) agents, flammables, corrosives or materials listed in the
hazardous substances list of the Pennsylvania Department of Labor
and Industry. This definition shall also conform to the corresponding
definition contained in the Hazardous Material Emergency Planning
and Response Act, 35 P. S. § 6022.103, as amended.
The Borough, through its emergency services,
is authorized to clean up, dispose or abate, or cause to be cleaned
up, disposed, or abated, the effects of any hazardous materials or
substances spilled or deposited upon or into properties or facilities
within the municipal boundaries of the Borough or having a direct
identifiable effect on persons or property within the municipal boundaries
of the Borough including, but not limited to, traffic control, evacuation,
relocation, substance monitoring, establishment of medical care facilities
and other costs incurred in the mitigation of the emergency situation.
Any person who intentionally, negligently, accidentally
or otherwise causes a hazardous material or substance spill, deposit,
or any other act or omission necessitating the providing of emergency
services by the Borough or by the Fire Department within the boundaries
of the Borough or the service areas of the Fire Department shall be
liable for all reasonable costs incurred by the Borough and/or the
Fire Department as a result of such spill, deposit, or other act or
omission. The remedy provided by this article shall be in addition
to any other remedies provided by law.
For the purpose of this article, reasonable
costs incurred by the Borough and/or the Fire Department for emergency
services shall include, but not be limited to, the following: actual
labor costs of Borough and Fire Department personnel including, but
not limited to, worker’s compensation benefits, insurance, fringe
benefits, wages and administrative overhead; cost of equipment operation;
cost of repair or replacement of damaged equipment; cost of special
fire extinguishing agents; cost of materials and/or supplies; and
any costs of any contracted labor and materials.
For purposes of this article, the charges for
use of the Borough’s or the Fire Department’s emergency
services equipment, materials and personnel shall be billed by the
entity incurring the costs, provided that such charges or costs shall
not be billed without the prior approval of the Borough Manager. Payment
of said charges shall be remitted within 30 days of receipt of the
entity’s bill or invoice. If such charges are not paid within
30 days, the billing entity may initiate an appropriate action in
any tribunal of competent jurisdiction for the collection of any amounts
due hereunder plus attorneys' fees, interest and costs; provided that
any such legal action shall not be commenced without the prior approval
of the Borough Manager.