Borough of South Waverly, PA Chapter 248 Emergency Services Reimbursement

[HISTORY: Adopted by the Borough Council of the Borough of South Waverly as indicated in article histories. Amendments noted where applicable.]

Article I Hazardous Accidents and Dangerous Incidents

[Adopted 6-5-1995 by Ord. No. 6-5-95-1 (Ch. 70 of the 1992 Code)]

§ 248-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:

DANGEROUS INCIDENT

Any incident which creates a dangerous condition requiring immediate and emergency action in order to prevent injury to persons or damage to property, and necessitates either or both of the following responses:

A. The intervention of the contracting police force or any of the emergency agencies or services which may service the Borough of South Waverly, including but not limited to fire companies or rescue squads operating in the Borough of South Waverly; or

[Amended 6-2-2010 by Ord. No. 06-02-10-02[1]]

B. The need for cleanup or abatement measures, to be performed by Borough employees, or the need for any responsive action resulting in expense to the Borough.

ENTITY

Any person, corporation, partnership or other entity engaged in the buying, selling, storing, transferring, transporting or manufacturing or processing of properties, merchandise, chemicals, fuels, waste products or any other goods or services for compensation.

HAZARDOUS ACCIDENT

Any incident that occurs from the storage, transportation, use or manufacturing, processing or discharging of any substance potentially dangerous to the public health and welfare at large which necessitates either or both of the following responses:

A. The intervention of the contracting police force or any of the emergency agencies or services which may assist the Borough of South Waverly, including but not limited to fire companies or rescue squads operating in the Borough of South Waverly; or

[Amended 6-2-2010 by Ord. No. 06-02-10-02[2]]

B. The need for cleanup or abatement measures to be performed by Borough employees, or the need for any responsive action resulting in expense to the Borough.

PUBLIC THOROUGHFARE

Bridges, state highways, county roads, Borough streets, any navigable waterways or other roadways or watercourses owned by a governmental unit, or a privately owned street, parking lot or accessway to which the public has access.

[1] Editor's Note: This ordinance also provided for an effective time and date of 12:00 midnight on 6-30-2010, further providing that the South Waverly Borough Police Department be disbanded at that time contemporaneously with the commencement of police services in South Waverly Borough by Sayre Borough Police Department pursuant to an agreement of 3-1-2010.

[2] Editor's Note: This ordinance also provided for an effective time and date of 12:00 midnight on 6-30-2010, further providing that the South Waverly Borough Police Department be disbanded at that time contemporaneously with the commencement of police services in South Waverly Borough by Sayre Borough Police Department pursuant to an agreement of 3-1-2010.

§ 248-2 Cost of abatement of hazardous accidents.

A. The business which owns or leases the premises on which a hazardous accident occurs shall be responsible for all costs that occur as a direct or consequential result of a hazardous accident. In the event that a hazardous accident occurs during transportation on a public thoroughfare, or a delivery to an entity other than a business as defined in § 248-1 hereinabove, the entity who owns or has custody or control of the vehicle or substance involved in the hazardous accident shall be responsible for all costs that occur as a direct or consequential result of such accident. Nothing contained herein shall prevent such business or entity from recovering any costs from a third party whose negligence may have caused such hazardous accident.

B. In the event that any person undertakes, either voluntarily or upon order of an official of the Borough of South Waverly, to clean up or abate the effects of any hazardous accident, the Borough may take such action as deemed necessary to supervise or verify the adequacy of the clean up or abatement. The business or entity described in § 248-2 hereinabove shall be liable to the Borough for all costs incurred as a result of such supervision or verification.

C. For the purpose of this article, costs of a hazardous accident shall include but are not limited to the following:

(1) Expenses incurred by contracting police force, fire, or emergency medical services.

[Amended 6-2-2010 by Ord. No. 06-02-10-02[1]]

[1] Editor's Note: This ordinance also provided for an effective time and date of 12:00 midnight on 6-30-2010, further providing that the South Waverly Borough Police Department be disbanded at that time contemporaneously with the commencement of police services in South Waverly Borough by Sayre Borough Police Department pursuant to an agreement of 3-1-2010.

(2) Actual labor costs of Borough personnel, including benefits and administrative overhead.

(3) Costs of consultants or others preparing reports concerning the hazardous accident costs of equipment operations.

(4) Costs of materials obtained directly by the Borough.

(5) Costs of any contractual labor and materials for cleanup or abatement.

(6) Costs of the Borough Solicitor and Borough Engineer connected with the hazardous accident.

(7) Costs to replace or repair any damage caused to equipment utilized by the Borough or any other service agency which responded to the accident.

D. The costs resulting from the hazardous accident shall be paid directly to the Borough within 30 days from the date on which the Borough issues an invoice or other appropriate demand for such costs. Interest shall accrue on any unpaid invoice at the rate of 1 1/2% per month commencing after the expiration of the thirty-day grace period.

§ 248-3 Cost of emergency response to dangerous incidents.

A. Any entity which owns or has custody or has control of any motor vehicle or other instrumentality that creates a dangerous incident as defined by this article, or any entity which owns or leases any real property upon which a dangerous incident takes place, shall be responsible for all costs of any emergency response that arises as a direct or consequential result of such incident. Nothing contained herein shall prevent such entity from recovering any costs from a third party whose negligence may have caused such dangerous incident.

B. In the event that any person undertakes, either voluntarily or upon order of any official of the Borough of South Waverly, to clean up or abate the effects of any dangerous incident, the Borough may take such action as deemed necessary to supervise or verify the adequacy of the cleanup or abatement. The entity described in Subsection A hereinabove shall be liable to the Borough for all costs incurred as a result of such supervision or verification.

C. For the purpose of this article, costs of a dangerous incident shall include but are not limited to the following:

(1) Expenses incurred by contracting police force, fire or emergency medical services.

[Amended 6-2-2010 by Ord. No. 06-02-10-02[1]]

[1] Editor's Note: This ordinance also provided for an effective time and date of 12:00 midnight on 6-30-2010, further providing that the South Waverly Borough Police Department be disbanded at that time contemporaneously with the commencement of police services in South Waverly Borough by Sayre Borough Police Department pursuant to an agreement of 3-1-2010.

(2) Actual labor costs of Borough personnel, including benefits and administrative overhead.

(3) Costs of consultants or others preparing reports concerning the dangerous incident.

(4) Costs of equipment operations.

(5) Costs of materials obtained directly by the Borough.

(6) Cost of any contractual labor and materials for cleanup or abatement.

(7) Costs of the Borough Solicitor and Borough Engineer connected with the dangerous incident.

(8) Costs to replace or repair any damage caused to equipment utilized by the Borough or any other service agency which responded to the incident.

D. The costs resulting from the dangerous incident shall be paid directly to the Borough within 30 days from the date on which the Borough issues an invoice or other appropriate demand for such costs. Interest shall accrue on any unpaid invoice at the rate of 1 1/2% per month commencing after the expiration of the thirty-day grace period.

§ 248-4 Schedule of fees for personnel, material and equipment.

[Amended 6-2-2010 by Ord. No. 06-02-10-02[1]]

The Borough shall from time to time adopt a resolution after consultation with the Borough Fire Department, contracting police force, and Borough Secretary to adopt a schedule of fees for personnel and equipment to be reimbursed to the Borough for their activities in connection with the cleanup operations set forth in this article.

[1] Editor's Note: This ordinance also provided for an effective time and date of 12:00 midnight on 6-30-2010, further providing that the South Waverly Borough Police Department be disbanded at that time contemporaneously with the commencement of police services in South Waverly Borough by Sayre Borough Police Department pursuant to an agreement of 3-1-2010.