[Ord. 90-22, 12/12/1990, § 1]
EXTRAORDINARY EXPENSES — Those expenses, and
those related costs and fees that are incurred by the Township, local,
State or Federal department or agency, emergency services organization
and from the private sector for actual costs or charges for labor,
materials, and any other costs associated with the use of specialized
extinguishing or abatement agent, chemical neutralizer or similar
equipment or material that is employed to monitor, extinguish, confine,
neutralize, contain, clean, or remove any hazardous material that
is or may be involved in a fire, or released into the air, ground
or water or the potential threat of any release or fire, and any and
all activities associated with the implementation of a protective
action (i.e. evacuation) to protect the public health, safety and
welfare.
A service performed by any Township department or employees,
or any public or private sector organization agency or company directly
associated with mitigating the hazard or potential hazard or involved
in providing services to implement a protective action. Extraordinary
services may include, but are not limited to, the abatement and disposition
of hazardous materials, spills, releases, or the threat of spills
or releases of hazardous materials, utility line breaks or leakages,
and other imminent or perceived or potential threats to the health,
safety and welfare of the public that may be detailed or contemplated
in the definition of "extraordinary expenses," above.
[Ord. 90-22, 12/12/1990, § 2]
The Board of Supervisors of the Township or its designee shall
collect all fees as follows:
1.
Fees and costs (including overhead costs) shall encompass all personnel,
equipment, materials and maintenance expenses in such a form as to
insure for full reimbursement for charges from both the public and
private sectors actually rendered.
2.
Within 30 days of the date of the extraordinary or dangerous occurrence
giving rise to the extraordinary service, the affected public agencies,
department or private companies shall submit its extraordinary service-related
costs, fees, charges and expenses to the Township Supervisors for
review. At such time as all costs, fees, charges and expenses related
to the extraordinary service have been collected and reviewed, but
in any case not later than 60 days from the date of determining the
combined cost of rendering extraordinary services, the Township Supervisors
shall submit a bill for all costs, fees, charges and expenses, to
the owner, agent or manager of the vehicle or fixed facility which
caused the need for extraordinary services, with a demand that a full
remittance be made within 30 days of receipt.
3.
In cases of hardship, or where circumstances are such that a full
remittance cannot be made to the Township within the thirty-day period,
the Township Supervisors shall hereby authorize the Township Solicitor
to enter into negotiations with the owner or his agent for an installment
payment for a period of time not to exceed six months.
4.
All monies received under the provisions of this Part shall be placed
in the General Fund and reimbursement be made to all public and private
sector departments, agencies which submitted related costs, fees,
charges and expenses for providing an extraordinary service as outlined
herein.
[Ord. 90-22, 12/12/1990, § 3]
The Township may enforce the provisions of this Part 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.
[Ord. 90-22, 12/12/1990, § 4]
Nothing in this Part shall authorize any Township bureau, department,
or personnel or staff members to refuse or delay an emergency service
to any person, firm, organization or corporation, that has not reimbursed
the Township for extraordinary services. Furthermore, nothing in this
Section shall be construed to demand reimbursement to the Township
for those municipal services that are normally provided to Township
residents and others as a matter of the Township's general operating
procedure, and for which the levying of taxes, or the demand for reimbursement
is normally made.
