[HISTORY: Adopted by the Board of Commissioners
of the Township of Bethlehem as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 212.
[Adopted 4-10-1989 by Ord. No. 6-89 (Ch.
10, Part 4, of the 1988 Code)]
This article shall be known and may be cited
as "The Bethlehem Township Recovery Ordinance."
The owner of petroleum, hazardous material,
chemicals or the common carrier of any type whatsoever including pipelines
carrying said petroleum, hazardous materials or chemicals, shall be
responsible for the control, extinguishment, or cleanup of petroleum,
hazardous materials or chemicals spills, releases or fire involving
said petroleum, hazardous materials or chemicals in the Township of
Bethlehem. In the event of the failure of the owner or common carrier,
including pipelines, to control, extinguish or clean up any spill,
fire or release, the Township of Bethlehem may perform the necessary
work and bill such person to compensate the Township for both direct
and indirect cost and expense, including but not limited to special
equipment and materials used and labor costs.
A.
The special equipment or material used by the Township
of Bethlehem for which any owner or common carrier shall be responsible
may include, but is not limited to, the following:
B.
The owner or common carrier may elect to replace such
special equipment or materials in lieu of payment thereof, provided
that replacement is of the same brand and quality.
The cost of labor shall include the actual wage
rates including fringe benefits paid by the Township of Bethlehem
to all personnel involved in the extinguishing of any extraordinary
fire or in cleaning up any extraordinary spill or release involving
chemicals, hazardous materials or petroleum.
The owner or common carrier of any petroleum,
hazardous material or chemicals, including pipelines as aforesaid,
shall also be liable for the cost of any temporary storage of chemicals,
hazardous materials or petroleum materials and/or the cost of disposing
of the same.
The Township Manager shall collect all fees
and costs as follows:
A.
Fees and costs (including overhead costs) shall encompass
all manpower, equipment, materials and maintenance expenses in such
a form as to insure for the Township's full reimbursement for charges
for those services actually rendered. A particular cost or fee schedule
need not be set forth in this article or by further action by the
Bethlehem Township Board of Commissioners. The Board of Commissioner's
approval of this article shall constitute authorization for the Township
Manager (or his designee) to collect all such fees and costs (including
overhead costs) pursuant to his receipt of related expenditures or
costs that are submitted to him by the affected Township Departments.
B.
Within 30 days of the date of the extraordinary or
dangerous occurrence giving rise to the extraordinary service, the
affected department(s) shall submit its extraordinary service-related
costs, fees, charges and expenses to the Township Manager for his
review. At such time as all costs, fees, charges and expenses related
to the extraordinary service have been collected and reviewed by the
Township Manager, but in any case not later than 60 days from the
date of determining the cost of rendering of the extraordinary services,
the Township Manager shall send a bill for such costs, fees, charges
and expenses, to the property owner, agent or manager with a demand
that a full remittance be made within 30 days of receipt of any bills.
In the event that the Township Manager is not able to determine all
the costs associated with the incident within a reasonable time, a
partial billing may be made. Interest at the rate of 8% per annum
or higher when provided by law will charged on all unpaid balances
past due over 30 days. At the discretion of the Township Manager,
materials used by the Township of Bethlehem may be replaced, in kind,
by the person(s) responsible for the incident, in lieu of cash payment.
C.
All monies received under the provisions of this article
shall be placed in the general fund for those actual costs and expenses
necessary to furnish fire, police and other emergency or public safety
services or protection provided by the Township of Bethlehem as outlined
herein.
The Township of Bethlehem may enforce the provisions
of this article by civil action in a court of competent jurisdiction
for the collection of any amounts due hereunder plus attorneys fees
or for any other relief that may be appropriate.
