[HISTORY: Adopted by the Board of Supervisors of the Township
of Coolbaugh as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 113.
[Adopted by Ord. No. 5-4-1999 (Ch. 1, Part 7, of the 1999 Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
An occurrence involving hazardous material or a hazardous
substance that is or may be involved in a fire or release into the
air, ground or water or the threat of fire, of any potential release
of fire which requires a halting or detouring of traffic or an evacuation
of persons or animals from an area to insure the health, safety and
welfare of persons or their property.
Those expenses, costs and fees, that are incurred by the
Township, local agency, state or federal department or agency, emergency
services organization and from the private sector, for actual costs
or charges for labor, materials or damaged or destroyed equipment
in responding to dangerous occurrence. These are, by example, any
costs associated with the use of fire-extinguishing equipment or abatement
agents, 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 release into the air, ground or water, or the threat
of any potential release or fire, any and all activities associated
with the implementation of a protection action (i.e., detour, evacuation)
to protect the public health, safety and welfare. The cost of labor
shall include the actual rates, including fringe benefits, paid by
the Township to its employees, the Township local emergency management
coordinator and deputy coordinator and actual wage rates, including
benefits paid, to volunteer firefighters and ambulance personnel,
by their private employer.
A service performed by any Township department or employee,
or any public or private sector organization, agency or company directly
associated with mitigating the hazard or potential hazard of a dangerous
occurrences, or involved in providing service to implement a protection
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 may be detailed
or contemplated in the definition of "extraordinary expenses," above.
Petroleum and its derivative, explosives, flammable, acids,
oxidizing chemicals, poison gases, defoliants and any materials or
substances regarded and defined as hazardous by the Pennsylvania Department
of Environmental Protection or its successor agency.
An action such as traffic control, detours or evacuation
taken by the Township or by other officials or agencies in order to
protect the public health, safety and welfare.
The Township shall impose and collect from the person, partnership,
corporation or other entity responsible for a dangerous occurrence
the following costs, expenses and fees incurred:
A.
Fees and costs (including overhead costs) shall encompass all personnel,
equipment, fuel, materials and maintenance expenses in such a form
as to insure for full reimbursement for charges from both the public
and private sectors for services actually rendered.
B.
Within 30 days of the date of the extraordinary or dangerous occurrence
giving rise to the extraordinary services, the affected public agencies,
departments or private companies shall submit its extraordinary service
related costs fees, charges and expenses to the Township for review.
At such time as all costs, fees, charges and expenses related to the
extraordinary services have been collected and reviewed, but in any
case not later than 60 days from the date of determining the combined
costs of rendering extraordinary services, the Township shall submit
a bill for all costs, fees, charges and expenses to the owner, agent
or manager of the vehicles or fixed facility which caused the dangerous
occurrence requiring extraordinary services, with a demand that a
full remittance be made within 30 days of receipt.
C.
All monies received under the provisions of this article shall be
placed into the general fund and reimbursement be made to all public
and private sector departments or agencies who had submitted related
costs, fees, charges and expenses for providing an extraordinary service
as outline herein, either in full or pro rata as the funds recovered
allow.
In the event of a spill, leak or fire involving petroleum, chemicals
and/or hazardous materials, if the shipper, carrier or owner of said
products does not have a contract with a professional hazardous materials
cleanup crew (DEP-EPA approved), and/or if conditions warrant, the
Township of Coolbaugh Emergency Services Coordinator shall have the
authority to contact a private firm for cleanup, control, containment
or extinguishment and shall not be limited to the disposal of said
hazardous products or substances.
The Township of Coolbaugh 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 and costs
or for any other relief that may be appropriate.
Nothing in this article shall authorize any Township department
or personnel or staff member 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 require reimbursement to the Township
residents and others as a matter of the Township's general operating
procedure and for which the levying of taxes or for which the demand
for reimbursement is normally made under the provisions of other Township
ordinances.
