[Adopted 12-8-1993 by Ord. No. 12/8/1993 (Ch. 10, Part 3, of the 1993
Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
EXTRAORDINARY EXPENSES
Those expenses, and those related costs and fees that are
incurred by the Borough 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.
EXTRAORDINARY SERVICE
A service performed by any Borough 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 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 perceived or potential threats to the health, safety,
and welfare of the public that may be detailed or contemplated in
this article.
The Borough Secretary of the Borough shall collect all fees
as follows:
A. 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. A particular cost or fee schedule
need not be set forth in this section or elsewhere in this article
or by further formal action by the Borough Council. The Borough Council
approval of this section shall constitute authorization for the Borough
Secretary to collect all such fees and costs that are submitted to
the Borough 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 Borough Council
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 Borough
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 receipt.
C. In cases of hardship, or where circumstances are such that a full
remittance cannot be made to the Borough within a thirty-day period,
the Borough Council shall hereby authorize the Borough 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 provisions of this article shall be
placed into the general fund and reimbursement be made to all public
and private sector departments or agencies who submitted related costs,
fees, charges and expenses for providing extraordinary service as
outlined herein.
The Borough 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 any Borough 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 Borough for extraordinary services. Furthermore,
nothing in this article shall be construed to demand reimbursement
to the Borough for those municipal services that are normally provided
to Borough residents and others as a matter of the Borough general
operating procedure, and for which the levying of taxes, or the demand
for reimbursement is normally made.