[Ord. 1991-4, --/--/1991, § I]
1.
The owner of petroleum, chemicals or the common carrier of any type
whatsoever including pipelines carrying said petroleum or chemicals,
shall be responsible for the control, extinguishment or cleanup of
petroleum or chemical spills, releases or fire involving said petroleum
or chemicals in the Township of Lower Mount Bethel. In the event of
the failure of the owner or common carrier, including pipelines, to
control, extinguish or cleanup any spill, fire or release, the Township
may perform the necessary work and bill such person to compensate
the Township for both direct and indirect cost and expense including,
but not limited to, special equipment and materials used and labor
costs.
2.
Special Equipment or Material Used. The special equipment or material
used by the Township for which any owner or common carrier will be
responsible may include, but is not limited to, the following:
[Ord. 1991-4, --/--/1991, § II]
1.
The Township Secretary/Treasurer shall collect all fees as follows:
A.
Fees and costs (including overhead costs) shall encompass all manpower,
equipment, materials and maintenance expenses in such a form as to
insure for the Township's full reimbursement for charges for
these services actually rendered. A particular cost or fee schedule
need not be set forth in this Part or elsewhere in the Township ordinances
or by further formal action by the Township Board of Supervisors.
The Township Board of Supervisor's approval of this Part shall
constitute authorization for the Secretary/Treasurer (or his designee)
to collect all such fees and costs (including overhead costs) pursuant
to his receipt of related expenditures or costs that are submitted
to him by the affected Township departments hereinabove referenced.
B.
Within 30 days of the date of the extraordinary or dangerous occurrence
giving rise to the extraordinary service, the affected entity shall
submit its extraordinary service related costs, fees, charges and
expenses to the Secretary/Treasurer for his review. At such time as
all costs, fees, charges and expenses related to extraordinary service
have been collected and reviewed by the Board of Supervisors, but
in any, case not later than 60 days from the date of determining the
cost of rendering of the extraordinary services, the Secretary/Treasurer
shall send a bill for such costs, fees, charges and expenses to the
property owner, agent or manager with a demand that a full remittance
be made within 30 days of receipt of any bills. In the unusual circumstances
that the Secretary/Treasurer is not able to determine all the costs
associated with the incident within a reasonable time, a partial billing
may be made. Interest at the rate of 8% per annum will be charged
on all unpaid balances past due over 30 days. At the discretion of
the Township Board of Supervisors, materials used by the Township
may be replaced, in kind, by the person(s) responsible for the incident,
in lieu of cash payment.
C.
It is also contemplated that local, state or federal agencies may
bill, fine or penalize the Township for matters (including, but not
limited to, cleanup costs, fees or expenses) relating to an extraordinary
or dangerous occurrence. The Secretary/Treasurer shall, if possible,
include any and all such costs or fees in the consolidated bill sent
to the property owner. The Township shall not, however, waive any
right to collect such local, state or federal costs if they are not
charged to the property owner or his agent within the consolidated
billing 60 days period. In this regard, the Secretary/Treasurer shall
expect reimbursement of all local, state or federal costs within 30
days of the owners (or his agents) receipt of the bill for these particular
costs, fees and charges and expenses.
D.
In cases of hardship, or where circumstances are such that a full
remittance cannot be made to the Township within the thirty-day period,
the Board of Supervisors shall hereby authorize the Township Solicitor
to enter into negotiations with the property owner or his agent for
an extended payback period of time not to exceed six months.
E.
All monies received under the provisions of this Part shall be placed
in the general fund for those actual costs and expenses necessary
to furnish fire, police and other emergency or public safety services
or protection provided by the Township as outlined herein.
[Ord. 1991-4, --/--/1991, § III]
The Township may enforce the provisions of this Part by civil
action in a court of competent jurisdiction for the collection of
any amounts due hereunder plus attorneys fees or for any other relief
that may be appropriate.
[Ord. 1991-4, --/--/1991, § IV]
Nothing in this Part shall authorize the Township to refuse
or delay any emergency service to any person, firm, organization or
corporation that has not reimbursed the Township for a Township service,
or that owes the Township any money whatsoever. Furthermore, nothing
in this Part shall be construed to demand reimbursement, to the Township,
for those Township services that are normally provided to Township
residents and others as a matter of the Township's general operating
procedure, and for which the levying of taxes or the demand for reimbursement
is normally made.
