Township of Kingston, PA
Luzerne County
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[Ord. 90-22, 12/12/1990, § 1]
EXTRAORDINARY EXPENSES — Those expenses, and those related costs and fees that are incurred by the Township, 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 a fire, or released 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 Township department 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 protective action. Extraordinary services may include, but are not limited to, the abatement and disposition of hazardous materials, spills, releases, or the 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 or contemplated in the definition of "extraordinary expenses," above.
[Ord. 90-22, 12/12/1990, § 2]
The Board of Supervisors of the Township or its designee shall collect all fees as follows:
Fees and costs (including overhead costs) shall encompass all personnel, equipment, materials and maintenance expenses in such a form as to insure for full reimbursement for charges from both the public and private sectors actually rendered.
Within 30 days of the date of the extraordinary or dangerous occurrence giving rise to the extraordinary service, the affected public agencies, department or private companies shall submit its extraordinary service-related costs, fees, charges and expenses to the Township Supervisors for review. At such time as all costs, fees, charges and expenses related to the extraordinary service 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 Township Supervisors 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 receipt.
In cases of hardship, or where circumstances are such that a full remittance cannot be made to the Township within the thirty-day period, the Township Supervisors shall hereby authorize the Township Solicitor to enter into negotiations with the owner or his agent for an installment payment for a period of time not to exceed six months.
All monies received under the provisions of this Part shall be placed in the General Fund and reimbursement be made to all public and private sector departments, agencies which submitted related costs, fees, charges and expenses for providing an extraordinary service as outlined herein.
[Ord. 90-22, 12/12/1990, § 3]
The Township may enforce the provisions of this Part 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.
[Ord. 90-22, 12/12/1990, § 4]
Nothing in this Part shall authorize any Township 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 Township for extraordinary services. Furthermore, nothing in this Section shall be construed to demand reimbursement to the Township for those municipal services that are normally provided to Township residents and others as a matter of the Township's general operating procedure, and for which the levying of taxes, or the demand for reimbursement is normally made.