[HISTORY: Adopted by the Borough Council of the Borough of Malvern 2-17-1998
by Ord. No. 98-4 (Part 10, Ch. 1, Art. B, of the 1975 Code
of Ordinances). Amendments noted where applicable.]
The Malvern Fire Company is hereby designated to act for the Borough
with respect to all fire protection and associated activities within the Borough.
Whenever the Malvern Fire Company ("Company") responds to a release
of a hazardous material, the person ("responsible party") who causes the release
shall be liable to the Borough, to the maximum extent authorized by law, for
the costs incurred by the Company pursuant to its response to the release.
For purposes of this section, the words "release," "hazardous material" and
"person" shall be defined as in the Pennsylvania Hazardous Material Emergency
Planning and Response Act,[1] as amended, and response costs may include, but are not limited
to:
A.
Disposable materials and supplies acquired, consumed
and expended specifically for the purpose of the response to the hazardous
material release;
B.
Replacement costs for equipment that is contaminated,
pursuant to the response, beyond reasonable reuse or repair (e.g., self-contained
breathing apparatus irretrievably contaminated during the response);
C.
Decontamination of fire fighters and/or equipment contaminated
during the response;
D.
Laboratory and testing costs for purposes of analyzing
samples or specimens taken during the response, to determine the nature of
any contamination on or of fire fighters and/or equipment;
E.
Special services and/or expenses specifically required
for the response (e.g., utility costs); and
F.
Costs associated with the services, supplies
and equipment used to conduct the Company's activities at the response.
[1]
Editor's Note: See 35 P.S. § 6022.101 et seq.
The Company shall provide the responsible party with a written bill
for the Company's response costs. The responsible party shall pay the
Company's bill within 30 days after the bill is mailed to the responsible
party, by first class United States Mail, at the responsible party's
address as last known to the Borough. If the responsible party does not pay
the Company's bill, in full, within said thirty-day period, interest
shall accrue on the unpaid amount, at the rate of 10% per annum, calculated
monthly, and the Borough, either directly or through the Company, may take
legal action to collect the unpaid balance, and, in such case, the responsible
party shall be responsible for all the Borough's (Company's) costs
of collection, including but not limited to reasonable attorneys' fees.
