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.
[Ord. No. 441,
passed 6-11-1997]
A. 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.
B. 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:
1. An action at law or in equity;
2. The placement of a lien in the amount of costs recoverable under
this chapter against property, located within the Township,
(i)
Upon which the use, deployment or application of special materials
occurred in response to an accident or fire;
(ii)
Upon which the release of hazardous materials were threatened
or dispersed; or
(iii)
Upon which the cleanup or abatement of hazardous materials occurred;
C. 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.