[HISTORY: Adopted by the Board of Commissioners of the Township of Lower Pottsgrove 9-6-2022 by Ord. No. 361. Amendments noted where applicable.]
All of the above recitals[1] are herein incorporated by reference.
[1]
Editor's Note: See recitals in Ord. No. 361, which is on file in the Township offices.
The Board of Commissioners recognizes the right and authority of each of the providers to recover all of the reasonable and necessary costs incurred in responding to any of the incidents outlined in the above recital clauses. Such authority is in addition to the Township's own authority to recover such costs in connection with services provided by its paid staff.
These costs and expenses may include, but are not limited to, any costs associated with the use of fire extinguishing tools, materials or equipment (and all fuels, oil and other fluids necessary to operate such tools and equipment) or abatement agents, chemical neutralizers or similar equipment or materials that are 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 fire) and any and all activities associated with the implementation of any protective actions (including a detour of traffic, an evacuation of structures and/or persons and related actions) to protect the public health, safety and welfare. These expenses may also include reasonable administrative fees and collection fees (including interest) for collecting these expenses along with reasonable attorney's fees, court costs and witness expenses if litigation is filed to recover reimbursement of any such costs and expenses.
While the Township wishes to adopt this chapter in order to acknowledge the authority or reimbursement of all necessary and reasonable costs and expenses as may be incurred by the providers, it is not the intent of this chapter to preempt recovery of any and all reasonable costs and expenses that may be recoverable pursuant to the Hazardous Materials Emergency Planning and Response Act, 35 P.S. § 6022.101 et seq., and this chapter shall be deemed to be supplement and/or be in addition to such Act and not the exclusive means of recovery.
The Board of Commissioners and/or its servants, agents, officers, officials, boards, committees, employees or representatives shall not, under any circumstances, be liable or responsible for damages (whether property, injury or death) caused to or suffered by any person or entity by reason of the provisions of this chapter or by reason of the nature, manner or type of any accident, emergency or hazardous response (or reimbursement of any expense, service or cost thereof) with the terms, conditions and provisions hereof. Moreover, compliance with this chapter shall not constitute a representation, guarantee or consent of any kind by the Township (and/or any of its servants, agents, officers, officials, boards, committees, employees or representatives) of the practicality, safety or fitness of the nature manner or type of any accident, emergency or hazardous response (or reimbursement of any expense, service or cost thereof).
The terms, conditions and provisions of this chapter are severable. If any such term, condition or provision of this chapter is, for any reason, found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining terms, conditions or provisions of this chapter; and, it is hereby declared to be the intent of the Township that this chapter would have been adopted and enacted had such unconstitutional, illegal or invalid term, condition or provision not been included herein.