[Adopted 11-21-2002 by Ord. No. 02-11]
For the purposes of this Part 3, the following terms shall be defined in accordance with this section:
The designated fire protection agency for Jackson Township pursuant to Part 1 of this chapter and/or any other volunteer fire department authorized to provide service in the Township.
Any substances or materials in a quantity or form which 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, etiologic
(biologic) agents, flammables, corrosives or materials listed in the
hazardous substances list of the Pennsylvania Department of Labor
and Industry. This definition shall also conform to the corresponding
definition contained in the Hazardous Material Emergency Planning
and Response Act, 35 P. S. § 6022.103, as amended.
The Township, through its emergency services, is authorized
to clean up, dispose or abate, or cause to be cleaned up, disposed,
or abated, the effects of any hazardous materials or substances spilled
on deposited upon or into properties or facilities within the municipal
boundaries of the Township or having a direct identifiable effect
on persons or property within the municipal boundaries of the Township,
including, but not limited to, traffic control, evacuation, relocation,
substance monitoring, establishment of medical care facilities and
other costs incurred in the mitigation of the emergency situation.
Any person who intentionally, negligently, accidentally or otherwise
causes a hazardous material or substance spill, deposit, or any other
act or omission necessitating the providing of emergency services
by the Township or by the Fire Department within the boundaries of
the Township or the service areas of the Fire Department shall be
liable for all reasonable costs incurred by the Township and/or the
Fire Department as a result of such spill, deposit, or other act or
omission. The remedy provided by this Part 3 shall be in addition
to any other remedies provided by law.
For the purpose of this Part 3, reasonable costs incurred by
the Township and/or the Fire Department for emergency services shall
include, but not be limited to, the following: actual labor costs
of Township and Fire Department personnel, including, but not limited
to, worker's compensation benefits, insurance, fringe benefits,
wages and administrative overhead; cost of equipment operation; cost
of repair or replacement of damaged equipment; cost of special fire
extinguishing agents; cost of materials and/or supplies; and any costs
of any contracted labor and materials.
For purposes of this Part 3, the charges for use of the Township's
or the Fire Department's emergency services equipment, materials
and personnel shall be billed by the entity incurring the costs, provided
that such charges or costs shall not be billed without the prior approval
of the Township Manager. Payment of said charges shall be remitted
within 30 days of receipt of the entity's bill or invoice. If
such charges are not paid within 30 days, the billing entity may initiate
an appropriate action in any tribunal of competent jurisdiction for
the collection of any amounts due hereunder, plus attorneys' fees,
interest and costs, provided that any such legal action shall not
be commenced without the prior approval of the Township Manager.
