[HISTORY: Adopted by the Board of Supervisors
of the Township of Warwick as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
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.
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.
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:
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
The need for cleanup and/or abatement measures
to be performed by Township employees or anything else resulting in
expense to the Township.
County bridges, state highways, Township streets, any navigable
waterway or any other roadway or watercourse owned by a governmental
unit.
A.
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.
B.
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.
C.
For the purpose of this section, costs of an industrial
accident shall include but are not limited to the following;
(1)
Expenses incurred by police, fire and/or emergency
medical services.
(2)
Actual labor costs of Warwick Township personnel,
including benefits and administrative overhead.
(3)
Costs of consultants or others preparing reports concerning
the industrial accident.
(4)
Costs of equipment operations.
(5)
Costs of materials obtained directly by the Township.
(6)
Costs of the Township solicitor.
(7)
Costs of the Township Engineer connected with the
industrial accident.
D.
The costs of such industrial accident as set forth in Subsection C hereinabove shall be determined by the Township Manager or his/her designee.
E.
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]
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
A.
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.
B.
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.
