[HISTORY: Adopted by the Board of Supervisors of the Township
of Potter as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Hazardous wastes — See Ch. 102.
[Adopted 8-12-2013 by Ord. No. 4-2013]
The recitals set forth herein are incorporated by reference.
As used in the article, the following terms shall have the meanings
as indicated:
MOTOR VEHICLEService provided by the Centre Hall Fire Company at the direction of Centre County Emergency Communications Center, Pennsylvania State Police or mutual aid request to secure or stabilize a scene of a motor vehicle accident. Service may include extrication of the occupants of the motor vehicle(s) involved in the accident by mechanical means.
NON-MOTOR VEHICLEService provided by the Centre Hall Fire Company at the direction of Centre County Emergency Communications Center, Pennsylvania State Police or mutual aid request to locate and remove to safety missing person(s), vehicles, etc., whose whereabouts are unknown but whose conditions may be perilous or a threat to health or safety of the community.
An individual, corporation, firm, association, public utility,
trust, estate, public or private institution, group, and any legal
successor, representative or agency of the foregoing.
Any car, truck, van, railroad car, water vessel, airplane
or other motorized or nonmotorized transportation vehicle.
A.
Any person, facility or vehicle owner/operator who shall be the recipient
of emergency rescue services provided by the Centre Hall Fire Company
shall be liable to the Centre Hall Fire Company for all response costs
directly incurred by the Centre Hall Fire Company as the result of
providing such emergency rescue services.
B.
Response costs shall reflect the actual cost of providing personnel,
equipment, fuel, materials, etc., as incurred by the Centre Hall Fire
Company as a result of a release. Eligible response costs shall include
rental/lease or purchase costs of materials or services as may be
necessitated by the nature of the emergency rescue and replacement
of nondurable materials expended as a result of providing emergency
rescue service.
C.
The Centre Hall Fire Company or its agent shall invoice for response
costs incurred for any applicable occurrence, referenced herein, within
60 days of the final date of response relative to the occurrence.
The responsible person/facility will be invoiced by certified mail
or personal delivery by the Centre Hall Fire Company or its agent.
D.
Any invoicing procedure, other than that which has been described
herein, shall be subject to approval by the Centre Hall Borough Council.
E.
In the event that an obligor fails to pay the statement for the response
costs, the proper officers and officials of the fire company are hereby
authorized to commence the appropriate civil action in order to effectuate
a recovery of the same and may utilize the offices of the District
Magistrate or the Court of Common Pleas of Centre County, Pennsylvania,
in order to effectuate a recovery of response costs, proper interest
and court costs.
The Fire Company shall have the authority to bill either an
individual, corporation (profit or nonprofit), municipal subdivision,
or insurance carrier for the same.
The Fire Company shall have the authority to bill a neighboring
municipality for the utilization of said tools, equipment and materials
when utilization has been requested by said municipality regardless
of whether the cause of said utilization has been an act of negligence.
Any person/facility who shall fail to comply with this article
within 60 days of notification shall, upon conviction thereof, be
sentenced to pay a fine of not more than $1,000, together with the
cost of prosecution, and in default of such fine and costs be sentenced
to imprisonment for a period not exceeding 30 days.
In the event that an obligor fails to pay the statement for
tools, equipment and materials, the Fire Company is hereby authorized
to commence the appropriate civil action in order to effectuate a
recovery of the same and may utilize the offices of the District Magistrate
or Civil Division of the Court of Common Pleas of Centre County, Pennsylvania,
in order to effectuate a recovery of the cost of the tools, equipment
and materials, proper interest and court costs.