[HISTORY: Adopted by the Board of Supervisors of the Township of Potter as indicated in article histories. Amendments noted where applicable.]
Emergency services — See Ch. 90.
Article I Reimbursement for Response Costs
[Adopted 8-12-2013 by Ord. No. 3-2013]
As used in this article, the following terms shall have the meanings as indicated:
- All buildings, structures and other stationary items which are located on a single site or a contiguous or adjacent site, including railroad yards and truck terminals which are owned or operated by the same person and which actually manufacture, produce, use, transfer, store, supply or distribute any petroleum product or hazardous material.
- HAZARDOUS MATERIAL
- Any of the following, as defined in this article:
- HAZARDOUS SUBSTANCE
- A substance appearing on the list of hazardous substances prepared under Section 102 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, or any similar successor list.
- HIGHLY HAZARDOUS CHEMICALS
- Chemicals as set forth in Section 1910.119 App. A of the Occupational Safety and Health Administration (OSHA) regulations.
- An individual, corporation, firm, association, public utility, trust, estate, public or private institution, group and any legal successor, representative or agency of the foregoing.
- PETROLEUM PRODUCT
- Any of the following: oil, home heating fuel, gasoline, kerosene, diesel fuel, naphtha, grease, tar, or any component thereof.
- Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, dumping or disposing into the environment of a petroleum product or hazardous material, including but not limited to the abandonment or discarding of barrels, containers and other receptacles containing petroleum products or hazardous materials.
- TOXIC CHEMICAL
- A substance appearing on the list of chemicals set forth in Section 1910 of OSHA's regulations.
- Any car, truck, van, railroad car, water vessel, airplane, or other transportation vehicle that ships, carriers or transports a petroleum product or hazardous material.
Any person having custody or control of petroleum products and/or hazardous materials shall be liable to the Centre Hall Fire Company #4 for all response costs incurred by the Centre Hall Fire Company #4 as the result of a release.
Response costs shall be as established from time to time by resolution.
The Board of Supervisors of the Township does hereby authorize the Fire Company to effectuate a recovery of the response costs of said tools, equipment and materials from any person(s) necessitating the utilization thereof.
The Fire Company shall have the authority to bill any person, municipal subdivision, or insurance carrier for said response costs which the Fire Company deems responsible therefor.
The Fire Company shall have the authority to bill a neighboring municipality for said response costs when a response has been requested by said municipality regardless of whether the cause of said utilization has been an act of negligence.
In the event that an obligor fails to pay the statement for the response costs, the proper officers and officials of the Fire Company are hereby authorized to commence an appropriate civil action in order to effectuate a recovery of the same and may utilize the offices of the District Magistrate or Civil Division of the Court of Common Pleas of Centre County, Pennsylvania, in order to effectuate a recovery of said response costs, proper interest and court costs.