The owner of petroleum and/or chemicals or other forms of hazardous
materials or substances and/or the common carrier of any type whatsoever,
including pipelines, carrying said materials shall be liable to the
City of Altoona to control, extinguish, and/or contain spills, leaks,
or accidents involving said materials. The cost of the cleanup of
the affected area is also the responsibility of the owner and/or common
carrier.
The said special equipment and/or materials include, but are
not limited to, the following:
A. Special chemical protective clothing (i.e., disposable fully encapsulating
chem suits, reusable butyl rubber splash-and-flash suits, breathing
apparatus, etc.).
B. Foam, dry chemical extinguishing agent, and/or any material used
to control and/or extinguish a fire in said material and/or incidents.
C. Absorbent material, (i.e., sand, sawdust, clay, pigs, earth, etc.).
D. Any other equipment and/or material deemed necessary by the Fire
Chief of the Fire Department of the City of Altoona or his designated
representative.
The cost of labor shall be the actual wage rates, including
fringe benefits, paid by the City of Altoona to all personnel involved
in the extinguishing of any fire and/or control of the incident.
The owner of any petroleum or chemical and/or other hazardous
material or substance and/or the common carrier of said material,
including any pipeline as aforesaid, shall also be liable for the
cost of any temporary storage of chemicals, petroleum materials, or
other hazardous material or substances and/or the cost of disposing
of same.
Bills for the amount of the above-described costs shall be forwarded
by the Fire Department to the City Clerk, who shall bill the above-described
liable party. If payment is not made in full within 30 days from the
date of the mailing of said bill, the aforementioned City officer
shall turn the matter over to the City Solicitor for collection litigation
as is necessary.
Any person failing to pay the said bill submitted to him or
her by the City of Altoona within 30 days shall, upon conviction thereof
in a summary proceeding before a Magisterial District Judge, be sentenced
to pay a fine of not less than $100 nor more than $1,000 together
with the costs of prosecution or undergo imprisonment in the Blair
County Prison for not more than 90 days, or both.
Imposition of the aforesaid fine and/or imprisonment shall not
relieve any responsible person or corporation hereunder from civil
liability to the City as provided herein.