[HISTORY: Adopted by the Board of Commissioners of the Township
of Rochester at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Amendments noted where applicable.]
A.
Any person who intentionally, negligently, accidentally or otherwise
causes a motor vehicle accident, hazardous material or substance spill,
or any other act or omission necessitating the providing of emergency
services by the Township of Rochester or the Rochester Township Volunteer
Fire Department within the boundaries of the Township of Rochester
or the service area of the Rochester Township Volunteer Fire Department
shall be liable for all costs incurred by the Township and/or the
Volunteer Fire Department as a result of such accident, spill or other
act or omission.
B.
Full payment for the cost of such emergency services shall be made
by the responsible party and/or the insurance company for such party
within 30 days of receipt of the statement from the Township Secretary.
As used in this chapter, the following terms shall have the
meanings indicated:
Any substances or materials in a quantity or form which,
in the determination of the Rochester Township Emergency Management
Coordinator, or other authorized representative of the Township, poses
an unreasonable and imminent risk to the life, health or safety of
persons or property or to the ecological balance of the environment
and shall include, but not be limited to, such substances as explosives,
radioactive materials, petroleum products or gases, poisons, etilogical
(biologic) agents, flammables, corrosives or materials listed in the
hazardous substances list of the Pennsylvania Department of Labor
and Industry and/or the Pennsylvania Department of Environmental Protection.
The authority to recover the cost of emergency services under
this chapter shall not include actual fire suppression services which
are normally or usually provided by the Rochester Township Volunteer
Fire Department.
For purposes of this chapter, the charges for the use of the
Township and Volunteer Fire Department emergency services equipment,
materials and personnel shall be established by the Board of Commissioners
from time to time.
A.
Any party failing to pay the cost of providing emergency services
pursuant to this chapter within 30 days of receipt of a statement
from the Township Secretary shall, upon conviction in a summary proceeding
before a District Justice, be sentenced to pay a fine not to exceed
$600, together with costs, and, in default thereof, undergo imprisonment
in the Beaver County Jail for not more than 30 days.
B.
Imposition of the above fine and/or imprisonment shall not relieve
any responsible party from civil liability to the Township or prevent
the Township from pursuing any other legal remedies, whether or not
provided herein.
A.
The Township may enforce the provisions of this chapter by civil
action in a court of competent jurisdiction for the collection of
any amounts due hereunder plus reasonable attorney fees, or for any
other relief that may be appropriate.
B.
The Township Solicitor is hereby authorized to take such action as
may be necessary to enforce the provisions of this chapter.
