[Ord. 656, 4/9/2015]
This Part shall be known and may be cited as the "Emergency
Service Cost Reimbursement Ordinance."
[Ord. 656, 4/9/2015]
For the purposes of this Part, the following terms shall be
defined in accordance with this section:
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, flammable, 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.
[Ord. 656, 4/9/2015]
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
or 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.
[Ord. 656, 4/9/2015]
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 Company within the boundaries of the
Township shall be liable for all reasonable costs incurred by the
Township and/or the Fire Company as a result of such spill, deposit,
or other act or omission. The remedy provided by this Part shall be
in addition to any other remedies provided by law.
[Ord. 656, 4/9/2015]
For the purpose of this Part, reasonable costs incurred by the
Township and/or the Fire Company for emergency services shall include,
but not be limited to, the following: actual labor costs of Township
and Fire Company 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.
[Ord. 656, 4/9/2015]
For purposes of this Part, the charges for use of the Township's
or the Fire Company's emergency services equipment, materials
and personnel shall be billed by the entity incurring the costs. 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.
