[HISTORY: Adopted by the Borough Council of the Borough of
Parkside 5-18-1994 by Ord. No.
374. Amendments noted where applicable.]
A.
The Borough Council finds that the continuing increase in the costs
of providing adequate public safety services, particularly in the
event of extraordinary and dangerous occurrences, such as hazardous
material incidents, seriously impairs the Borough's ability to
provide all necessary municipal services.
B.
In order to better protect the public health, safety and welfare
and to protect and preserve all public funds and tax dollars, the
Borough hereby adopts a policy of reimbursement of extraordinary expenses
incurred while providing the special services.
C.
This chapter provides for the reimbursement and the replacement of
expended resources and nonreusable equipment maintained or procured
by the Parkside Fire Department and used in the case of a release
or threatened release of any hazardous materials:
D.
This chapter entitles the Borough to reimbursement for the costs
of replacing nonreusable equipment and expended resources utilized
by the Borough or the Parkside Fire Department or any of its agencies
in stopping or containing any release of a hazardous material during
an emergency response action.
E.
The following provisions are authorized, and it is further declared
that all costs and fees related thereto are to be levied solely for
the purpose of generating revenue to help defray the actual costs
of the extraordinary services themselves.
As used in this chapter, the following terms shall have the
meanings indicated:
All of the activities conducted by the Borough and/or the
Parkside Fire Department to clean up, remove, prevent, contain or
mitigate a discharge of hazardous materials that poses an immediate
threat to the environment or to the public health, safety or welfare.
In general, those resources expended that are reasonable,
necessary and allocable to the emergency response action. "Expended
resources" shall include, but are not limited to, the following:
Materials and supplies acquired, consumed or expended specifically
for the purpose of the emergency response action.
Compensation of payrolled employees or independent contractors
for the time and efforts devoted specifically to the emergency response
action.
Rental or leasing of equipment used specifically for the emergency
response action (such as protective, scientific and technical equipment
and clothing).
Replacement costs for equipment owned by the Borough, the Parkside
Fire Department, or a mutual aid company or department that is contaminated
beyond reuse or repair, if the loss occurred during an emergency response
action (such as self-contained breathing apparatus irreparably contaminated
during the response).
Decontamination of equipment and personnel contaminated during
an emergency response action.
Special technical services specifically required for an emergency
response action (such as costs associated with the time and efforts
of technical experts or specialists not otherwise provided for by
the Borough).
Other special services specifically required for the emergency
action.
Laboratory costs of analyzing samples taken during the emergency
response action.
Costs of cleanup, storage or disposal of the released material.
Costs associated with services and supplies procured in response
to an evacuation resulting from a release.
Medical expenses incurred, including, without limitation as
to time, post-exposure medical surveillance.
Legal expenses incurred as a result of the emergency response
action, including efforts to recover expenses pursuant to this chapter.
That expense and those related costs and fees that are incurred
by the Borough for any extraordinary service, including but not limited
to the Borough's actual cost for labor and materials associated
with the use of any specialized extinguishing or abatement agent,
chemical neutralizer or similar equipment or material that is employed
to extinguish, confine, neutralize, contain or clean any hazardous
material that is or may be involved in a fire, accidental spill or
the threat of any accidental spill or fire.
A service performed by the Parkside Fire Department, the
Borough Police Department, or any other Borough department that is
in addition to or above the formal services provided by such departments,
or a service provided by an outside agency acting on behalf of the
Borough. "Extraordinary services" may include, but are not limited
to, the abatement and disposition of hazardous materials, spills or
the threat of spills of toxic chemicals, utility line breaks or leakages,
other imminent or perceived or possible threats to the health, safety
or welfare of the Borough residents that may be detailed or contemplated
in the definition of "extraordinary expense" above; and those incidents
where a property owner has been previously warned about violations
of any Borough ordinance that, in the judgment of the Borough, are
a particular threat to the health, safety or welfare of the Borough
residents, and for which the owner or owners, agent or person in charge
of the property has neglected to comply or has refused compliance
therewith.
Any material, solid, liquid or gas, classified as a hazardous
material by federal, state or local legislation or regulation.
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of hazardous substances into the waters or onto the lands
within the borders of the Borough or into waters outside the jurisdiction
of the Borough when damage may result to the lands, waters or natural
resources within the borders of the Borough.
Any imminent or impending event potentially causing but not
resulting in a release, but causing the Borough to undertake an emergency
response action.
Any motorized equipment, registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, tractor-trailers,
construction equipment and farm machinery. This also includes nonmotorized
and/or towed equipment which can contain a hazardous material as defined
above.
Any container, drum, barrel, box, cylinder or tank used to
hold or contain or carry or store any hazardous materials.
Reimbursement to the Borough for the costs of any expended resources
shall be made by the following parties jointly and severally:
A.
The owner or operator of any vehicle responsible for or contributing
to any release or threatened release of hazardous materials.
B.
The owner or person responsible for any vessel containing hazardous
materials involved in or contributing to any release or threatened
release on public or private property whether stationary or in transit,
whether accidental or through the negligence of the owner or person
responsible for the vessel.
C.
The owner or person responsible for any property from which any release
or threatened release of hazardous materials emanate, whether accidental
or through the negligence or intentional acts of the owner or person
responsible for the property.
D.
Any person responsible for or contributing to any release or threatened
release of hazardous material on public or private property whether
accidental or through the negligence or intentional acts of the person
responsible for contributing to the release or threatened release.
A.
Any person or company responsible for or contributing to any release
or threatened release of a hazardous material must provide reimbursement
directly to the Borough for services rendered by any recovery company,
towing company or other technical assistance required by the Borough
to handle such incident.
B.
At the discretion of Borough Council, materials used by the Borough
or the Parkside Fire Department may be replaced, in kind, by the person(s)
responsible for the incident, in lieu of cash payment.
C.
Fees and costs, including overhead costs, shall encompass all manpower,
equipment, materials and maintenance expenses in such a form as to
ensure for the Borough's full reimbursement for charges for those
services actually rendered. A particular cost or fee schedule need
not be set forth in this chapter or elsewhere in the Borough ordinances
or by further formal action by the Borough Council. The Borough Council's
approval of this chapter shall constitute authorization for the Borough
to collect all such fees and costs, including overhead costs, pursuant
to receipt of related expenditures or costs that are submitted to
the Borough.
D.
It is also contemplated that local, state and federal agencies may
bill, fine or penalize the Borough for matters, including but not
limited to cleanup costs, fees or expenses, relating to an extraordinary
or dangerous occurrence. The Borough shall, if possible, include any
and all such costs or fees in the bill sent to the property owner.
The Borough shall not, however, waive any right to collect such local,
state or federal costs if they are not charged to the property owner
or his agent with the original bill.
E.
In cases of hardship, or where circumstances are such that a full
remittance cannot be made to the Borough within the billing period,
the Borough Council shall hereby authorize the Borough Solicitor to
enter into negotiations with the property owner or his agent for an
extended payback period of time not to exceed six months.
F.
All moneys received under the provisions of this chapter shall be
placed in the general fund for those actual costs and expenses necessary
to furnish fire, police and other emergency or public safety services
or protection provided by the Borough as outlined herein.
Nothing in this chapter shall authorize any emergency response
organization, Borough department or any Borough staff member or department
personnel to refuse or delay any emergency service to any person,
firm, organization or corporation that has not reimbursed the Borough
for a municipal service or that owes the Borough any money whatsoever.
Furthermore, nothing in this chapter shall be construed to demand
reimbursement to the Borough for those municipal services that are
normally provided to Borough residents and others as a matter of the
Borough's general operating procedure, and for which the levying
of taxes, or the demand for reimbursement is normally made.
Any person, owner or company responsible for or contributing
to any release or threatened release of hazardous materials shall
reimburse the Borough of Parkside for the full price of replacing
any nonusable equipment or expended resources used in an emergency
response action concerning any release or threatened release within
a period of 45 days after receipt of a bill for such items from the
Borough of Parkside.
Any person, owner or company responsible for or contributing
to any release or threatened release of a hazardous material who fails
to reimburse the Borough of Parkside within the time set forth in
this chapter shall be subject to one or more of the following: imprisonment
in the county jail for a term not to exceed 90 days, a fine not to
exceed $1,000 or community service not exceeding 90 days.
Nothing in this chapter shall be construed to conflict with
state or federal laws requiring persons causing or responsible for
any release or threatened release of a hazardous material to engage
in remediation activities or pay the costs thereof, or both.
