[HISTORY: Adopted by the Board of Supervisors of the Township of Warwick as indicated in article histories. Amendments noted where applicable.]
Emergency Management Agency — See Ch. 10.
[Adopted 6-25-1990 by Ord. No. 90-2 (Part 8:100 of the 1984 Warwick Township Code).]
As used in this article, the following terms shall have the meanings indicated:
- Any person or persons, corporations or partnerships or other entity engaged in the buying, selling, storing, transferring, transporting and/or manufacturing of properties, merchandise, chemicals, fuels, goods, moneys, sources and/or other means of compensation for the purpose, stated or otherwise, of realizing a profit and/or other gains.
- EMERGENCY MANAGEMENT ORGANIZATION
- The staff groups outlined and comprised of, in the planning and operational flowchart, the Emergency Management Coordinator or Coordinators, as contained in the Warwick Township Emergency Operations Plan.
- INDUSTRIAL ACCIDENT
- Any incident that occurs from the storage, transportation, use and/or manufacturing of any substance potentially dangerous to the public health and welfare at large that necessitates:
- A. The intervention of the Warwick Township Police Department or any of the emergency agencies' services which may service Warwick Township, including but not limited to fire companies or rescue squads operating in Warwick Township or the Warwick Township Emergency Management Organization or emergency response agencies employed by Warwick Township; or
- B. The need for cleanup and/or abatement measures to be performed by Township employees or anything else resulting in expense to the Township.
- PUBLIC THOROUGHFARE
- County bridges, state highways, Township streets, any navigable waterway or any other roadway or watercourse owned by a governmental unit.
The business on whose premises an industrial accident occurs shall bear all costs that occur as a direct or consequential result of such industrial accident. In the event that an industrial accident occurs during transportation on a public thoroughfare or in delivery to an entity other than a business as defined in § 73-1 hereinabove, the entity of which or who owns or had custody and/or control of the vehicle and/or substance involved in the industrial accident shall bear all costs that occur as a direct or consequential result of such accident. Nothing contained herein shall prevent such business or entity from recovering any incurred or subsequent costs from a third party whose negligence may have caused such industrial accident.
In the event that any person undertakes, either voluntarily or upon order of the Warwick Township Emergency Management Organization or other Township official, to clean up or abate the effect of an industrial accident, the Warwick Township Emergency Management Organization may take such action as is necessary to supervise or verify the adequacy of the cleanup or abatement. The business or entity described in Subsection A hereinabove shall be liable to the Township for all costs incurred as a result of such supervision or verification.
For the purpose of this section, costs of an industrial accident shall include but are not limited to the following;
Expenses incurred by police, fire and/or emergency medical services.
Actual labor costs of Warwick Township personnel, including benefits and administrative overhead.
Costs of consultants or others preparing reports concerning the industrial accident.
Costs of equipment operations.
Costs of materials obtained directly by the Township.
Costs of the Township solicitor.
Costs of the Township Engineer connected with the industrial accident.
The costs of such industrial accident as set forth in Subsection C hereinabove shall be determined by the Township Manager or his/her designee.
Such costs for all emergency services rendered shall be paid directly to the Township within 30 days from the date on which the Township issues an invoice for such charges.
Whenever the requirements of this article are in conflict with other requirements of the Code of the Township of Warwick, the most restrictive or those imposing the highest standards shall govern.
[Adopted 3-5-2012 by Ord. No. 2012-2]
The Board of Supervisors of the Township of Warwick has determined that the increase in costs to provide adequate fire prevention and protection services, and to provide other public safety emergency services, including catastrophes that result from extraordinary and dangerous occurrences, both natural and man-made, including, but not limited to, hazardous materials spills, explosions, landslides, acts of God and fires have seriously impaired the Township of Warwick's ability to provide all necessary municipal services.
The Township of Warwick contributes substantial funds to amortize some of the cost of the emergency service providers, including, but not limited to, special response teams and volunteer fire companies, and the Township of Warwick owns and maintains various emergency service, fire-fighting and rescue equipment and incurs the cost for worker's compensation provided to volunteer fire and ambulance members.
The volunteer fire companies and ambulance services serving the Warwick Township and the Central Bucks Special Response Team ("CBSRT"), which provides special police response services in the Township, incur significant costs to render those services.
In order to protect public health, safety and welfare, and to protect and preserve public funds and tax dollars, the Township of Warwick hereby adopts a policy of partial reimbursement of the expenses and costs incurred in providing such service.
Either the Warwick Township Police Chief, on behalf of the CBSRT, the Chief of the volunteer fire companies, or the administrative chief of any other service provider authorized by the Township, may request and collect all fees for fire prevention and safety protection services and for other emergency services. Such fees may include and encompass all costs for manpower, equipment, materials, maintenance and overhead expenses.
Within 30 days of the date of providing fire prevention and protection services or any other public safety and emergency services as enumerated in this article, the Warwick Township Police Chief or the chief of the appropriate volunteer fire company or other emergency service provider shall prepare a claim for fees, which may include the cost of reimbursing the emergency service provider for materials used in providing the service. The claim shall be submitted to the Township for review.
All claims shall be reviewed by the Township Board of Supervisors or its designee ("Board"). The Board, in its sole discretion, shall determine whether the claim is reasonable and appropriate for submission to the person or entity to whom services were provided. In determining whether the claim should be submitted, the Board shall consider the severity of the event and the amount of resources expended in providing the service; and the likelihood of collection of the funds by the Township. The Board may adjust or reject the claim as it, in its sole discretion, deems appropriate. The emergency service provider shall be advised of the disposition of the claim within 30 days of submission thereof to the Township. Claims not approved within 30 days of submission shall be deemed denied.
Upon approval of the claim by the Township, the emergency service provider may submit the claim to the person or entity to whom the service or services were provided. All such claims shall be paid within 60 days of the receipt thereof, and interest shall accumulate thereafter on any unpaid balance at the rate of 10% per annum until paid.
In addition to any fees due, any fine and penalty that results from said claim shall also be paid, and any fees or expenses that are imposed upon the Township of Warwick, or emergency service provider by any local, state or federal agency which related to the same incident or occurrence for which the services were provided may be included in the claim or may be billed separately within 30 days of receipt of such local, state or federal cost or fee. The person or entity to whom services were provided shall have 30 days from receipt to reimburse the service provider for said cost or fee.
The Township of Warwick or the emergency service provider may enforce the provisions of this article by civil action in a court of competent jurisdiction for the collection of any amounts due hereunder, plus attorneys' fees, and may pay for any other relief that may be appropriate, including equitable relief.
The fees set forth in this article shall be delivered to and for the use of the emergency service provider which was primarily responsible for the emergency service provided. The emergency service provider in whose district the incident occurred is entitled to the fee even if said emergency service provider was assisted by other emergency service providers. In the event that the incident occurs on realty that is located in more than one district, then the fee shall be split between the appropriate emergency service providers. In all cases, the determination of the allocation of the fees collected shall be determined solely by Warwick Township.
The fees heretofore set forth are not inclusive of all the remedies that the Township of Warwick or its emergency service providers may pursue. The Township of Warwick or its emergency service providers, their agents, officials, employees or members have the right to pursue any other legal remedy or to recover any other cost against any person regardless of payment of the prescribed fees.