All of the above recitals are herein incorporated by reference.
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.