Disaster planning — See Ch. 580.
This chapter shall be known and may be cited as the "Crescent Township Accident Cost Recovery Code."
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise.
- HAZARDOUS MATERIALS
- Any substances or materials in a quantity or form which have been identified as such by federal and state law and regulations promulgated by federal and state environmental protection agencies, and in addition shall include, but not be limited to, such substances as explosives, radioactive materials, petroleum products or gases, poisons, etiologic (biologic) agents, flammable substances, corrosives or materials listed in the hazardous substances list of the Pennsylvania Department of Labor and Industry.
- RESPONSE PERSONNEL
- Any member of the Crescent Township Volunteer Fire Department and any full or part-time public agency employee, including, but not limited to, public works and public safety employees of the Township and employees of the Crescent-South Heights Municipal Authority, the Creswell Heights Joint Authority, and the Valley Ambulance Authority, who may be called upon to perform duties or render services for the purpose of suppressing, containing or extinguishing a fire, preventing a fire or explosion, containing or preventing the release or dispersal of hazardous materials, or neutralizing or mitigating the effects of released or dispersed hazardous materials.
- SPECIAL MATERIALS
- Any materials or items other than water, which are used, deployed or applied by fire department or other response personnel at the scene of an accident or fire, for the purpose of suppressing, containing or extinguishing a fire, preventing a fire or explosion, containing or preventing the release or dispersal of hazardous materials, or neutralizing or mitigating the effects of released or dispersed hazardous materials. This definition does not include materials, items or equipment which are retained by fire department or other response personnel for re-use.
Liability for the following costs incurred by Fire Department or other response personnel is hereby imposed jointly and severally upon the persons and entities described in Subsection (2) below:
The direct costs for all special materials used, deployed or applied at an accident or fire scene or other locations deemed necessary by response personnel for suppression, containment, extinguishment, prevention, neutralization or mitigation of fire, explosion or release or dispersal of hazardous materials;
The direct costs for all labor, materials and contracts entered by response personnel for all services and materials, beyond those ordinarily provided and used at a fire or accident, deemed necessary by response personnel to manage circumstances created by the release or dispersal or threatened release or dispersal of hazardous substances. Such costs include but are not limited to the costs of traffic control and/or security measures for extended periods of time as deemed necessary by response personnel to manage circumstances created by the threat or presence of hazardous substances and the costs of emergency medical assistance and treatment relating to exposure to hazardous substances or injuries involving hazardous substances; and
The costs for all labor, materials and contracts entered by response personnel for the cleanup or abatement of hazardous materials released or dispersed as a result of an accident or fire.
The following persons and entities are jointly and severally liable to the party or parties incurring the same for the costs set forth in Subsection A above:
Any owner of real property.
Any owner or operator of a motor vehicle, railroad trains, or watercraft carrying hazardous materials which threatens, causes or aggravates the release or dispersal of such hazardous materials (provided, however, that owners of noncommercial vehicles and watercraft carrying an ordinary quantity and type of motor fuel inside their factory-equipped fuel tanks are not included in this section); and
Any person or entity whose act or omission causes any accident, fire or circumstances which result in the use of special materials, or which threatens, causes or aggravates the release or dispersal of hazardous materials.
Nothing in this chapter is intended or shall be interpreted to affect the rights of any persons or entities liable hereunder to seek contribution and/or indemnity from other persons or entities.
[Ord. No. 441, passed 6-11-1997]
The Secretary is authorized and directed to account for costs recoverable under this chapter and bill persons and entities upon whom liability is imposed under this chapter for all costs which may be recovered from such persons or entities under this chapter.
In the event liability is imposed under this chapter upon a person or entity, such person or entity has been properly billed, and has refused or failed to discharge such liability to the Township, the Township may enforce such liability by any and all means legally available. Such means may include:
An action at law or in equity;
The placement of a lien in the amount of costs recoverable under this chapter against property, located within the Township,
In addition to the principal amount of the liability imposed by this chapter, the Township shall be entitled to recover interest at the legal rate on amounts payable, plus all reasonable costs of collection, including reasonable attorneys' fees.