[HISTORY: Adopted by the Borough Council of the Borough of
Pine Grove 8-17-2017 by Ord. No.
446. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall be those expenses, and those related costs and fees
that are incurred by the Borough, local, state or federal department
or agency, emergency services organization and from the private sector
for actual costs or charges for labor, materials, and any other costs
associated with the use of specialized extinguishing or abatement
agent, 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 potential
threat of any release or fire, and any and all activities associated
with the implementation of a protective action (i.e., evacuation)
to protect the public health, safety and welfare.
Is a service performed by any Borough departments or employees,
or any public or private sector organization, agency or company directly
associated with mitigating the hazard or potential hazard or involved
in providing services to implement a protective action. "Extraordinary
services" may include, but is 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 or perceived or potential threats to the health,
safety and welfare of the public that may be detailed or contemplated
within the definition of "extraordinary expenses" above.
The Secretary of the Borough shall collect all fees as follows;
A.
Fees and costs (including overhead costs) shall encompass all personnel,
equipment, materials and maintenance expenses in such a form as to
insure for full reimbursement for charges from both the public and
private sectors actually rendered. A particular cost or fees schedule
need not be set forth in this section or elsewhere in the Pine Grove
Borough ordinance or by further formal action by the Borough Council.
The Borough Council approval of this section shall constitute authorization
for the Council to collect all such fees and costs (including overhead
costs) pursuant to the receipt of related expenditures or costs that
are submitted to the Borough by affected public and private bureaus,
agencies, departments or companies.
B.
Within 30 days of the date of the extraordinary or dangerous occurrence
giving rise to the extraordinary service, the affected public agencies,
departments or private companies shall submit its extraordinary service-related
costs, fees, charges and expenses to the Borough Council for review.
At such time as all costs, fees, charges and expenses related to the
extraordinary service have been collected and reviewed, but in any
case not later than 60 days from the date of determining the combined
costs of rendering extraordinary services the Borough Council shall
submit a bill for all costs, fees, charges and expenses, to the owner,
agent or manager of the vehicle of fixed facility which caused the
need for extraordinary services, with a demand that a full remittance
be made within 30 days of receipt.
C.
In cases of hardship, or where circumstances are such that a full
remittance cannot be made to the Borough within the 30 days period,
the Borough Council shall hereby authorize the Borough Solicitor to
enter into negotiations with the owner or his agent for an extended
payback period of time not to exceed six months.
D.
All monies received under the provisions received under the provisions
of this article shall be placed into the General Fund and reimbursement
be made to all public and private sector departments, agencies who
had submitted related costs, fees, charges and expenses for providing
an extraordinary service as outlined herein.
The Borough may enforce the provisions of this article by civil
action in a court of competent jurisdiction for the collection of
any amounts due here under plus attorneys' fees or for any other relief
that may be appropriate.
Nothing in this chapter shall authorize any Borough bureau,
department, or personnel or staff members to refuse or delay any emergency
service to any person, firm, organization or corporation that has
not reimbursed the Borough for extraordinary services. Furthermore,
nothing in this section shall be construed to demand reimbursement,
to the Borough for those municipal services that are normally provided
to Borough residents and others as a matter of the Borough general
operating procedure, and for which the levying of taxes or the demand
for reimbursement is normally made.
Any ordinance or part of an ordinance conflicting with this
chapter is hereby repealed insofar as the same affects this chapter.
