[HISTORY: Adopted by the Board of Supervisors of the Township of Jackson as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-3-2016 by Ord. No. 209-16]
This article shall be known and may be cited as the "Jackson Township Emergency Service Provider Cost Reimbursement Ordinance."
This article is adopted pursuant to the provisions of the Second Class Township Code, 53 P.S. § 65101 et. seq., as amended (the "code") and, in particular, Section 1803(b) of the code, 53 P.S. § 66803(b), which authorizes the Township to make rules and regulations for the government of fire companies located within the Township.
The Board recognizes that responses to hazardous materials incidents and motor vehicle accidents require specialized emergency rescue tools, equipment, and materials and hazardous material abatement equipment and materials. The Board further recognizes that such tools and equipment place a financial burden on volunteer fire companies, and the replacement of such equipment and materials and specialized training places additional financial burden on such emergency services providers.
The Board hereby adopts and enacts this article for the following purposes:
A. 
To ensure the continued viability of emergency service providers to protect and promote the public health, safety and welfare, by authorizing emergency service providers to seek reimbursement of the reasonable costs of responding to hazardous materials incidents and/or motor vehicle accidents.
B. 
To permit financial assistance to emergency service providers who are experiencing ever-increasing financial burdens and costs, which costs have an adverse impact on the provision of emergency services in the Township.
As used in this article, the following terms are hereby given the meanings set forth below:
EMERGENCY SERVICE PROVIDER
Any volunteer fire department, ambulance and/or fire and rescue company duly organized, acknowledged and existing in and/or serving Jackson Township, York County, Pennsylvania.
PERSON
Any individual, partnership, company, association, society, trust, corporation, utility company or other legal or commercial group or entity, whether public or private.
TOWNSHIP
Jackson Township, York County, Pennsylvania.
A. 
The Township hereby authorizes emergency service providers to recover the reasonable costs associated with responding to hazardous materials incidents and/or motor vehicle accidents, which may include, but not be limited to, the cost of emergency rescue tools, equipment and materials; hazardous materials abatement tools, equipment and materials; and personnel hours involving a hazardous materials incident or motor vehicle accident. Such reimbursement shall be filed as an additional claim for damages to vehicles, property or injuries with the motor vehicle insurance carrier of the person or persons owning or operating a vehicle involved in a hazardous materials incident and/or motor vehicle accident or other responsible person.
B. 
The reasonable costs incurred by the emergency service provider shall be recovered directly by the emergency service provider, attorney, collection agency or third-party billing service ("authorized agent") for collection of such costs.
C. 
The emergency service provider or authorized agent shall have the authority hereunder to recover the aforementioned costs from the applicable insurance company/carrier only and not from the person or persons owning or operating the vehicle involved in the response.
D. 
The reimbursement rates for the aforementioned tools, equipment and materials shall be set by the emergency service providers from time to time from and which may be charged for services provided after the effective date of this article. Such rates shall be approved by resolution of the Township from time to time and kept on file in the Township office.
E. 
In addition to the reimbursement of reasonable costs, the emergency service provider or authorized agent shall be authorized to collect reasonable interest and administrative expenses for collection of the reasonable costs, as well as any additional fees as may be authorized by the Hazardous Material Emergency Planning and Response Act,[1] as amended, otherwise authorized by statute or law.
[1]
Editor's Note: See 35 P.S. § 6022.101 et seq.
In the event that any insurance carrier fails to pay any bill or invoice within 30 days of the mailing of such notice of charges, the emergency service provider directly, or any authorized agent who mailed the bill or invoice, may enforce the provisions of this article by filing a civil action at law in a court of competent jurisdiction for the collection of any amounts due to the emergency service provider, together with any statutory interest, court costs, collection and/or administration fees, and reasonable attorneys' fees. The remedies provided herein shall be in addition to any other relief, remedies, or penalties that may be appropriate and provided by law.