[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
As used in this article, the following terms shall have the
meanings indicated:
DANGEROUS OCCURRENCE
An occurrence involving a hazardous material or a hazardous
substance that is or may be involved in a fire, or release into the
air, ground or water, or the threat of any potential release into
the air, ground or water or the threat of any potential release or
fire, which requires a halting or detouring of traffic or an evacuation
of persons or their property.
EXTRAORDINARY EXPENSES
Those expenses, costs and fees that are incurred by the Township,
local agency, state or federal department or agency, emergency services
organization and from the private sector for actual costs or charges
for labor, materials or damaged or destroyed equipment in responding
to a dangerous occurrence. These are, by example, any costs associated
with the use of fire-extinguishing equipment or abatement agents,
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 ground or water
release or the threat of any potential release or fire, and any and
all activities associated with the implementation of a protective
action (i.e., detour, evacuation) to protect the public health, safety
and welfare. The cost of labor shall include the actual rates, including
fringe benefits, paid by the Township of Mount Pleasant to its employees,
the Township Local Emergency Management Coordinator and Deputy Coordinator
and actual wage rates, including benefits, paid to volunteer firefighters
and ambulance personnel by their private employer.
EXTRAORDINARY SERVICES
A service performed by any Township departments or employees
or any public or private sector organization, agency or company directly
associated with mitigating the hazard or potential hazard of a dangerous
occurrence or involved in providing service 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
as may be detailed or contemplated in the definition of "extraordinary
expenses" above.
HAZARDOUS MATERIALS
Petroleum and its derivatives, explosives, flammables, acids,
oxidizing chemicals, poison gases, defoliants and any materials or
substances regarded and defined as hazardous by the Pennsylvania Department
of Environmental Protection or its successor agency, as well as any
federal agency, branch, department or commission.
PROTECTIVE ACTION
An action such as traffic control, detours or evacuation
taken by the Township or by other officials or agencies in order to
protect the public health, safety and welfare.
The Township shall impose and collect from the person, partnership,
corporation or other entity responsible for a dangerous occurrence
the following costs, expenses and fees incurred:
A. Fees and costs (including overhead costs) shall encompass all personnel,
equipment, fuel, materials and maintenance expenses in such a form
as to ensure for full reimbursement for charges from both the public
and private sectors for services actually rendered.
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 Township 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 Township 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 dangerous occurrence requiring
extraordinary services, with a demand that a full remittance be made
within 30 days of receipt.
C. All moneys 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 had submitted related
costs, fees, charges and expenses for providing an extraordinary service
as outlined herein, either in full or pro rata, as the funds recovered
allow.
In the event of a spill, leak or fire involving petroleum, chemicals
and/or hazardous materials, if the shipper, carrier or owner of said
products does not have a contract with a professional hazardous materials
cleanup crew (approved by the Pennsylvania Department of Environmental
Protection and/or the Federal Environmental Protection Agency, or
their successor agencies), and/or if conditions warrant, the Mount
Pleasant Township Emergency Services Coordinator shall have the authority
to contract a private firm for cleanup, control, containment or extinguishment
and shall not be limited to the disposal of said hazardous products
or substances.
The Township 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 and costs or for any
other relief that may be appropriate.
Nothing in this article shall authorize any Township 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
article shall be construed to require reimbursement to the Township
for those municipal services 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 for which the demand for reimbursement
is normally made under the provisions of other Township ordinances.