[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,[1] 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.
[1]
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[1] or authorized by any other statute, case law or common
law.
[1]
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.
