[HISTORY: Adopted by the Board of Commissioners of the Township of Butler as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-21-1992 by Ord. No. 723; amended 10-5-1998 by Ord. No. 765]
The Board of Commissioners of the Township of Butler is hereby authorized to recover the cost of fire-fighting foam and other hazardous materials abatement material from any actor necessitating the dispensing thereof.
The Butler Township Manager shall have the authority to bill either an individual, partnership, corporation (profit or nonprofit) or municipal subdivision.
The Butler Township Manager shall have the authority to bill a municipality for utilization of fire-fighting foam and other hazardous materials abatement material when the dispensing thereof has been requested by said municipality, regardless of the cause of said dispensing.
The Board of Commissioners may from time to time pass resolutions setting costs for firefighters' equipment and manpower for use in hazardous materials abatement activity.
[Adopted 6-2-2008 by Ord. No. 837]
The Butler Township Commissioners, by and through their authority and relationship with the aforesaid emergency service providers, hereby recognizes the authority and authorizes the aforesaid emergency service providers to recover the reasonable costs of fire-fighting materials, equipment, personnel hours and hazardous abatement materials involving any hazardous material incident, environmental incident, safety and rescue incident or operation, including, but not limited to, vehicular accidents, vehicle fires, hazardous material emergency, technical rescues, utility stand-bys, and negligent fires.
Editor's Note: The following emergency services providers were designated in the preamble of Ord. No. 837: Mercer Road Volunteer Fire Department, Greenwood Village Volunteer Fire Department, South Butler Volunteer Fire Department, Meridian Volunteer Fire Department, and Lyndora Volunteer Fire Department.
Said reasonable costs as outlined above may be recovered directly by the emergency service providers through the chief of the emergency service provider by invoicing all fees for fire prevention, protective services, hazardous material incidents, and/or safety or rescue operations. Such fees may include and encompass all manpower, equipment, materials, maintenance and overhead expenses and costs that shall constitute full reimbursement to the emergency service provider that the emergency service provider actually rendered.
In addition, any bills, fines or penalties, including but not limited to any containment costs, fees or expenses, that are imposed upon the emergency service providers by any local, state, or federal agency and related to the same situation or occurrence for which the emergency service provider rendered services may be included in the invoice or may be separately billed within 30 days of receipt from the agency billing the same.
All fees and costs invoiced by the emergency service provider shall be paid to the Township. Within 30 days of receipt of the payment, the Township shall turn over to the emergency service provider the payment received.
In addition to the aforementioned reasonable costs, the emergency service providers shall be authorized to collect legal interest of 6% per year, as well as a reasonable administrative fee for collecting the same and any and all additional fees as may be authorized by the Hazardous Material and Emergency Planning and Response Act or authorized by any other statute, case law or common law.
Editor's Note: See 35 P.S. § 6022.101 et seq.
Fees shall be submitted at least annually by the emergency service providers to the Board of Commissioners for approval. Except for extraordinary situations involving charges that are not regularly incurred by the emergency services provider, only charges approved by motion at a public meeting shall be deemed reasonable an eligible for reimbursement. No fee shall be in excess of that permitted by statute and no fee may be charged in excess of that permitted by statute.
Emergency service recipients, including any third-party payer or insurance company, questioning the reasonableness or right to collect any charge may appeal the assessment to the Township Commissioners under provisions of the Pennsylvania Local Public Agency Law, within 30 days of receipt of the assessment. Failure to so appeal within 30 days shall constitute a waiver of the recipient's, third-party payer's or insurer's right to contest the charge. Charges incurred hereunder may be collected directly by the emergency service provider at the District Magistrate's office by prosecuting an action in the name of the Township.
Butler Township may enforce the provisions of this article by civil action in any court of competent jurisdiction for the collections of any amounts due hereunder, plus attorney fees and interest and for any other relief that may be appropriate.