[Ord. 1999-3, 4/19/1999, § 1]
This Part shall be known and may be cited as the "Stroud Township
Dangerous Occurrences Ordinance."
[Ord. 1999-3, 4/19/1999, § 2]
DANGEROUS OCCURRENCE
An occurrence involving hazardous material or a hazardous
substance that is or may be involved in a fire, or release into the
air, ground or water, or the threat of any potential release into
the air, ground or water or the threat of any potential release of
fire which requires a halting or detouring of traffic or an evacuation
of persons or animals from an area to insure the health, safety, and
welfare of persons or their property.
EXPENSES
Those expenses, costs and fees, that are incurred by the
Township, local agency, state or federal department or agency, emergency
services organization and from the private sector for actual costs
or charges for labor, materials, or damaged or destroyed equipment
in responding to a dangerous occurrence. These are by example any
costs associated with the use of fire extinguishing equipment or abatement
agents, chemical neutralizer or similar equipment or material that
is employed to monitor, extinguish, confine, neutralize, contain,
clean or remove any hazardous material that is or may be involved
in a fire, or release into the air, ground or water, or the threat
of any potential release into the air, ground or water or the threat
of any potential release or fire, and any and all activities associated
with the implementation of a protection action (i.e., detour, evacuation)
to protect the public health, safety and welfare. The cost of labor
shall include the actual rates, including fringe benefits, paid by
the Township of Stroud to its employees, the Township Local Emergency
Management Coordinator and Deputy Coordinator and actual wage rates,
including benefits paid, to volunteer firefighters and ambulance personnel
by their private employer.
HAZARDOUS MATERIALS
Petroleum and its derivatives, explosives, flammables, acids,
oxidizing chemicals, poison gases, defoliants, and any materials or
substances regarded and defined as hazardous by the Pennsylvania Department
of Environmental Protection or its successor agency.
PROTECTIVE ACTION
An action such as traffic control, detours or evacuation
taken by the Township or by other officials or agencies in order to
protect the public health, safety, and welfare.
SERVICES
A service performed by any Township departments or employees,
or public or private sector organization, agency or company directly
associated with mitigating the hazard or potential hazard of a dangerous
occurrence, or involved in providing service to implement a protection
action. Services may include, but are not limited to, the abatement
and disposition of hazardous materials, spills, releases or the threat
of spills or releases of hazardous materials, utility line breaks
or leakages and other imminent perceived or potential threats to the
health, safety and welfare of the public may be detailed or contemplated
in the definition of "expenses" above.
[Ord. 1999-3, 4/19/1999, § 3]
1. The Township shall impose and collect from the person, partnership,
corporation or other entity responsible for a dangerous occurrence
the following costs, expenses and fees incurred:
A. Fees and costs (including overhead costs) shall encompass all personnel,
equipment, fuel, materials and maintenance expenses in such a form
as to insure for all reimbursement for charges from both the public
and private sectors for services actually rendered.
B. Within 30 days of the date of the dangerous occurrence giving rise
to the service, the affected public agencies, departments or private
companies shall submit its service related costs, fees, charges and
expenses to the Township for review. At such time as all costs, fees,
charges and expenses related to the services have been collected and
reviewed but in any case not later than 60 days from the date of determining
the combined cost of rendering services, the Township shall submit
a bill for all costs, fees, charges and expenses to the owner, agent
or manager of the vehicle or fixed facility which caused the dangerous
occurrence requiring services, with a demand that a full remittance
be made within 30 days of receipt.
C. All monies received under the provisions of this Part shall be placed
into the general fund and reimbursement be made to all public and
private sector departments or agencies who had submitted related costs,
fees charges and expenses for providing service as outlined herein,
either in full or pro-rata as the funds recovered allow.
[Ord. 1999-3, 4/19/1999, § 4; as amended by A.O.]
In the event of a spill, leak or fire involving petroleum, chemicals
and/or hazardous materials, if the shipper, carrier or owner of said
products does not have a contract with a professional hazardous materials
clean up crew (DEP-EPA approved), and/or if conditions warrant, the
Stroud Township Emergency Services Coordinator, shall have the authority
to contact a private firm for cleanup, control, containment or extinguishment
and shall not be limited to the disposal of said hazardous products
or substances.
[Ord. 1999-3, 4/19/1999, § 5]
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 and costs or for
any other relief that may be appropriate.
[Ord. 1999-3, 4/19/1999, § 6]
Nothing in this Part shall authorize any Township department
or personnel or staff members to refuse or delay an emergency service
to any person, firm, organization or corporation that has not reimbursed
the Township for services. Furthermore, nothing in this section shall
be construed to require reimbursement to the Township for those Township
services normally provided to the Township residents and others as
a matter of the Township's general operating procedure and for
which the levying of taxes or for which the demand for reimbursement
is normally made under the provisions of other Township ordinance.