GENERAL REFERENCES
Disaster planning — See Ch. 580.
This chapter shall be known and may be cited as the "Crescent
Township Accident Cost Recovery Code."
The following words and phrases when used in this chapter shall
have the meanings given to them in this section unless the context
clearly indicates otherwise.
Any substances or materials in a quantity or form which have
been identified as such by federal and state law and regulations promulgated
by federal and state environmental protection agencies, and in addition
shall include, but not be limited to, such substances as explosives,
radioactive materials, petroleum products or gases, poisons, etiologic
(biologic) agents, flammable substances, corrosives or materials listed
in the hazardous substances list of the Pennsylvania Department of
Labor and Industry.
Any member of the Crescent Township Volunteer Fire Department
and any full or part-time public agency employee, including, but not
limited to, public works and public safety employees of the Township
and employees of the Crescent-South Heights Municipal Authority, the
Creswell Heights Joint Authority, and the Valley Ambulance Authority,
who may be called upon to perform duties or render services for the
purpose of suppressing, containing or extinguishing a fire, preventing
a fire or explosion, containing or preventing the release or dispersal
of hazardous materials, or neutralizing or mitigating the effects
of released or dispersed hazardous materials.
Any materials or items other than water, which are used,
deployed or applied by fire department or other response personnel
at the scene of an accident or fire, for the purpose of suppressing,
containing or extinguishing a fire, preventing a fire or explosion,
containing or preventing the release or dispersal of hazardous materials,
or neutralizing or mitigating the effects of released or dispersed
hazardous materials. This definition does not include materials, items
or equipment which are retained by fire department or other response
personnel for re-use.
A.
Liability for the following costs incurred by Fire Department or
other response personnel is hereby imposed jointly and severally upon
the persons and entities described in Subsection (2) below:
1.
The direct costs for all special materials used, deployed or applied
at an accident or fire scene or other locations deemed necessary by
response personnel for suppression, containment, extinguishment, prevention,
neutralization or mitigation of fire, explosion or release or dispersal
of hazardous materials;
2.
The direct costs for all labor, materials and contracts entered by
response personnel for all services and materials, beyond those ordinarily
provided and used at a fire or accident, deemed necessary by response
personnel to manage circumstances created by the release or dispersal
or threatened release or dispersal of hazardous substances. Such costs
include but are not limited to the costs of traffic control and/or
security measures for extended periods of time as deemed necessary
by response personnel to manage circumstances created by the threat
or presence of hazardous substances and the costs of emergency medical
assistance and treatment relating to exposure to hazardous substances
or injuries involving hazardous substances; and
3.
The costs for all labor, materials and contracts entered by response
personnel for the cleanup or abatement of hazardous materials released
or dispersed as a result of an accident or fire.
B.
The following persons and entities are jointly and severally liable to the party or parties incurring the same for the costs set forth in Subsection A above:
1.
Any owner of real property.
2.
Any owner or operator of a motor vehicle, railroad trains, or watercraft
carrying hazardous materials which threatens, causes or aggravates
the release or dispersal of such hazardous materials (provided, however,
that owners of noncommercial vehicles and watercraft carrying an ordinary
quantity and type of motor fuel inside their factory-equipped fuel
tanks are not included in this section); and
3.
Any person or entity whose act or omission causes any accident, fire
or circumstances which result in the use of special materials, or
which threatens, causes or aggravates the release or dispersal of
hazardous materials.
C.
Nothing in this chapter is intended or shall be interpreted to affect
the rights of any persons or entities liable hereunder to seek contribution
and/or indemnity from other persons or entities.
[Ord. No. 441,
passed 6-11-1997]
A.
The Secretary is authorized and directed to account for costs recoverable
under this chapter and bill persons and entities upon whom liability
is imposed under this chapter for all costs which may be recovered
from such persons or entities under this chapter.
B.
In the event liability is imposed under this chapter upon a person
or entity, such person or entity has been properly billed, and has
refused or failed to discharge such liability to the Township, the
Township may enforce such liability by any and all means legally available.
Such means may include:
C.
In addition to the principal amount of the liability imposed by this
chapter, the Township shall be entitled to recover interest at the
legal rate on amounts payable, plus all reasonable costs of collection,
including reasonable attorneys' fees.
