§ 68-1Liability for costs.
§ 68-3Cost of fire suppression services excluded.
§ 68-4Establishment of charges.
§ 68-5Violations and penalties.
Any person who intentionally, negligently, accidentally or otherwise causes a motor vehicle accident, hazardous material or substance spill, or any other act or omission necessitating the providing of emergency services by the Township of Rochester or the Rochester Township Volunteer Fire Department within the boundaries of the Township of Rochester or the service area of the Rochester Township Volunteer Fire Department shall be liable for all costs incurred by the Township and/or the Volunteer Fire Department as a result of such accident, spill or other act or omission.
Full payment for the cost of such emergency services shall be made by the responsible party and/or the insurance company for such party within 30 days of receipt of the statement from the Township Secretary.
As used in this chapter, the following terms shall have the meanings indicated:
- HAZARDOUS MATERIALS
- Any substances or materials in a quantity or form which, in the determination of the Rochester Township Emergency Management Coordinator, or other authorized representative of the Township, poses 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, etilogical (biologic) agents, flammables, corrosives or materials listed in the hazardous substances list of the Pennsylvania Department of Labor and Industry and/or the Pennsylvania Department of Environmental Protection.
The authority to recover the cost of emergency services under this chapter shall not include actual fire suppression services which are normally or usually provided by the Rochester Township Volunteer Fire Department.
For purposes of this chapter, the charges for the use of the Township and Volunteer Fire Department emergency services equipment, materials and personnel shall be established by the Board of Commissioners from time to time.
Any party failing to pay the cost of providing emergency services pursuant to this chapter within 30 days of receipt of a statement from the Township Secretary shall, upon conviction in a summary proceeding before a District Justice, be sentenced to pay a fine not to exceed $600, together with costs, and, in default thereof, undergo imprisonment in the Beaver County Jail for not more than 30 days.
Imposition of the above fine and/or imprisonment shall not relieve any responsible party from civil liability to the Township or prevent the Township from pursuing any other legal remedies, whether or not provided herein.
The Township may enforce the provisions of this chapter by civil action in a court of competent jurisdiction for the collection of any amounts due hereunder plus reasonable attorney fees, or for any other relief that may be appropriate.
The Township Solicitor is hereby authorized to take such action as may be necessary to enforce the provisions of this chapter.