[Adopted 12-26-2001 by Ord. No. 15-2001 (Ch. 1, Part 2D, of
the 2004 Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
Those expenses and those related costs and fees that are
incurred by a city, local, state or federal department or agency,
emergency services organization and from the private sector for actual
costs or charges for labor, materials and any other costs associated
with the use of specialized extinguishing or abatement agent, chemical
neutralizer or similar equipment or material that is employed to monitor,
extinguish, confine, neutralize, contain, clean or remove any hazardous
material that is or may be involved in fire or release into the air,
ground or water or the potential threat of any release or fire and
any and all activities associated with the implementation of a protective
action (i.e., evacuation) to protect the public health, safety and
welfare.
A service performed by any City departments or employees
or any public or private sector organization, agency or company directly
associated with mitigating the hazard or potential hazard or involved
in providing services to implement a protection action. "Extraordinary
service" may include, but is not limited to, the abatement and disposition
of hazardous materials, spills, releases or threat of spills or releases
of hazardous materials, utility line breaks or leakages and other
imminent or perceived or potential threats to the health, safety and
welfare of the public that may be detailed in the definition of "extraordinary
expenses" above.
The City Council of the City of Nanticoke shall collect all
fees as follows:
A.
Fees and costs (including overhead costs) shall encompass all personnel,
equipment, materials and maintenance expenses in such form as to ensure
for full reimbursement for charges from both the public and private
sectors actually rendered. A particular cost or fee schedule need
not be set forth in this section or elsewhere in the City ordinance
or by further formal action by the City Council. The City Council's
approval of this section shall constitute authorization for the Council
to collect all such fees and costs (including overhead costs) pursuant
to the receipt of related expenditures or costs that are submitted
to the City by affected public and private bureaus, agencies, departments
or companies.
B.
Within 30 days of the date of the extraordinary or dangerous occurrence
giving rise to the extraordinary service, the affected public agencies,
departments or private companies shall submit their extraordinary-service-related
costs, fees, charges and expenses to the City Council for review.
At such time as all costs, fees, charges and expenses related to the
extraordinary services have been collected and reviewed, but in any
case not later than 60 days from the date of determining the combined
cost of rendering extraordinary services, the City Council shall submit
a bill for all costs, fees, charges and expenses to the owner, agent
or manager of the vehicle or fixed facility which caused the need
for extraordinary services, with a demand that a full remittance be
made within 30 days of the receipt.
C.
In cases of hardship or where circumstances are such that a full
remittance cannot be made to the City within the thirty-day period,
the City Council shall hereby authorize the City Solicitor to enter
into negotiations with the owner or his agent for an extended payback
period of time not to exceed six months.
D.
All monies received under the provision of this article shall be
placed into the general fund, and reimbursement made to all public
and private sector departments, agencies who had submitted related
costs, fees, charges and expenses for providing an extraordinary service
as outlined herein.
The City 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 or for any other relief
that may be appropriate.
Nothing in this article shall authorize a City bureau, department
or personnel or staff members to refuse or delay an emergency service
to any person, firm, organization or corporation that has not reimbursed
the City for extraordinary services. Furthermore, nothing in this
section shall be construed to demand reimbursement to the City for
those municipal services that are normally provided to City residents
and others as a matter of the City's general operating procedure
and for which the levying of taxes or the demand for reimbursement
is normally made.
