[HISTORY: Adopted by the Borough Council of the Borough of
Kenhorst as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-4-1990 by Ord. No. 414 (Ch. 11, Part 5, of the
1973 Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
The owner, common carrier or other transporter, including
a pipeline owner, of petroleum, hazardous material and/or chemicals
being used, displayed, stored or transported in the Borough of Kenhorst,
Berks County, Pennsylvania.
A.
The responsible party shall be liable to the Borough of Kenhorst
and its agents for all costs incurred to control, extinguish and/or
clean up petroleum-type, chemical-type and hazardous material spills
and/or fires involving said chemicals, petroleum or hazardous material
in the Borough of Kenhorst.
B.
The responsible party shall also be liable for the cost of any temporary
storage of chemical, petroleum materials, hazardous materials, and/or
the cost of disposing of same.
All bills for the above-described costs shall be forwarded by
the Borough to the responsible party. If payment is not made, in full,
within 30 days from the date of mailing of said bill the Borough is
hereby authorized to collect same through any civil proceeding at
law or equity.
[Adopted 9-1-2005 by Ord. No. 493 (Ch. 8, Part 6, of the
1973 Code of Ordinances)]
This article shall be known and may be cited as the "Borough
of Kenhorst Fire Department Service Fee Ordinance."
Due to the increase in maintenance and/or replacement cost for
equipment, along with personnel costs associated with emergency responses,
it has become necessary to provide a means for recovering certain
costs associated with Fire Department emergency responses to save
or protect insured property from a loss.
As used in this article, the terms listed below shall have the
following meanings:
The deployment by the Kenhorst Fire Department of any fire
equipment and/or personnel from a central or remote location to a
specific location within the Borough of Kenhorst, where the equipment
and/or personnel provide fire protection or other emergency response
services.
An incident involving hazardous materials as defined in the
International Fire Code and the Pennsylvania Department of Transportation
Emergency Response Guidebook, as they may be amended from time to
time.
Any fire in, on or about a commercial structure or residential
structure, which threatens to or actually damages or destroys the
structure.
Any fire in, on or about a motor vehicle which threatens
to or actually damages or destroys the motor vehicle.
The removal or pumping of water from the basements of structures.
In the event that there is a Fire Department emergency response
for: a structure fire; a vehicle fire; a water evacuation; and/or
a hazardous materials incident, and the owner of the affected property
or other insured party has insurance coverage for the payment of such
fees under an insurance policy, said owner or other party shall pay
to the Borough of Kenhorst a fee not to exceed the insurance policy
limits for such fees.
