[HISTORY: Adopted by the Board of Supervisors of the Township of
Tobyhanna 5-17-1999 by Ord. No. 410. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
An occurrence involving a 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 or fire which requires a halting or detouring
of traffic or an evacuation of persons or their property.
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 ground
or water release or the threat of any potential release or fire, and any and
all activities associated with the implementation of a protective 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 Tobyhanna to its employees, the Township Local Emergency
Management Coordinator and Deputy Coordinator and actual wage rates, including
benefits paid, to volunteer fire fighters and ambulance personnel by their
private employer.
A service performed by any township departments or employees or any
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 protective action. Extraordinary
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
or perceived or potential threats to the health, safety and welfare of the
public as may be detailed or contemplated in the definition of "extraordinary
expenses" above.
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, as well as any federal agency, branch, department
or commission.
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.
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.Â
Fees and costs (including overhead costs) shall encompass
all personnel, equipment, fuel, materials and maintenance expenses in such
a form as to ensure for full reimbursement for charges from both the public
and private sectors for services actually rendered.
B.Â
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 their extraordinary 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 extraordinary
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 extraordinary
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 extraordinary services, with a demand
that a full remittance be made within 30 days of receipt.
C.Â
All moneys received under the provisions of this chapter
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 an extraordinary service as outlined
herein, either in full or pro rata as the funds recovered allow.
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 (approved by the Pennsylvania Department of Environmental Protection
and/or the Federal Environmental Protection Agency, or their successor agencies),
and/or if conditions warrant, the Tobyhanna Township Emergency Services Coordinator
shall have the authority to contract a private firm for cleanup, control,
containment or extinguishment and shall not be limited to the disposal of
said hazardous products or substances.
The township may enforce the provisions of this chapter by civil action
in a court of competent jurisdiction for the collection of any amounts due
hereunder plus attorney's fees and costs or for any other relief that
may be appropriate.
Nothing in this chapter 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 extraordinary
services. Furthermore, nothing in this section shall be construed to require
reimbursement to the township for those municipal 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
ordinances.
