[Adopted 12-4-1990 by Ord. No. 1-90]
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 Township, local, state or federal department 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 a 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 release 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 Township 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 is 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 that may be detailed or contemplated
in the definition of extraordinary expenses.
The Supervisors of the Township 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
ensure 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 Township Supervisors. The Township
Supervisors' approval of this section shall constitute authorization
for the Supervisors to collect all such fees and costs (including
overhead costs) pursuant to the receipt of related expenditures or
costs that are submitted to the Township 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 its extraordinary service-related
costs, fees, charges and expenses to the Township Supervisors 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 Township Supervisors
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 Township within the thirty-day period,
the Township Supervisors shall hereby authorize the Township 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 moneys received under the provisions of this article shall be
placed into the general fund, and reimbursement shall be made to all
public and private sector departments and agencies who had submitted
related costs, fees, charges and expenses for providing an extraordinary
service as outlined herein.
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 or for any other relief
that may be appropriate.
Nothing in this article shall authorize any Township 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 Township for extraordinary services. Furthermore,
nothing in this section shall be construed to demand reimbursement
to the Township for those municipal services that are 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
the demand for reimbursement is normally made.