[HISTORY: Adopted by the Board of Commissioners of the Borough of Mount Ephraim 3-5-1998 by Ord. No. 659 (Ch. 59 of the 1973 Borough Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 28.
Fire insurance claims — See Ch. 177.
Fire prevention — See Ch. 183.
Property maintenance — See Ch. 310.
Solid waste — See Ch. 354.
A. 
This chapter provides for the reimbursement and the replacement of expended resources and nonreusable equipment maintained or procured by the Borough's Fire Department and used in the case of a release or threatened release of any hazardous materials.
B. 
This chapter entitles the Borough to reimbursement for the costs of replacing nonreusable equipment and expended resources utilized by the Borough or the Borough's Fire Department or any of its agencies in stopping or containing any release of hazardous material during an emergency response action.
As used in this chapter, the following terms shall have the meanings indicated:
EMERGENCY RESPONSE ACTION
All of the activities conducted by the Borough and/or the Borough's Fire Department to clean up, remove, prevent, contain or mitigate a discharge of hazardous materials that poses an immediate threat to the environment or to the public health, safety or welfare.
EXPENDED RESOURCES
In general, those resources expended that are reasonable, necessary and allocable to the emergency response action. Expended resources shall include, but are not limited to, the following:
A. 
Materials and supplies acquired, consumed or expended, specifically for the purpose of the emergency response action.
B. 
Compensation of employees or independent contractors for the time and efforts devoted specifically to the emergency response action.
C. 
Rental or leasing of equipment used specifically for the emergency response action (such as protective, scientific and technical equipment and clothing).
D. 
Replacement costs for equipment owned by the Borough, the Borough's Fire Department or a mutual aid company or department that is contaminated beyond reuse or repair, if the loss occurred during an emergency response action (such as self-contained breathing apparatus irreparably contaminated during the response).
E. 
Decontamination of equipment and personnel contaminated during an emergency response action.
F. 
Special technical services specifically required for an emergency response action, such as costs associated with the time and efforts of technical experts or specialists not otherwise provided for by the Borough.
G. 
Other special services specifically required for the emergency action.
H. 
Laboratory costs of analyzing samples taken during the emergency response action.
I. 
Costs of cleanup, storage or disposal of the released material.
J. 
Costs associated with services and supplies procured in response to an evacuation resulting from a release.
K. 
Medical expenses incurred, including post exposure medical surveillance.
L. 
Legal expenses incurred as a result of the emergency response action, including efforts to recover expenses pursuant to this chapter.
HAZARDOUS MATERIAL
Any material, solid, liquid or gas classified as a hazardous material by federal, state or local legislation or regulation.
RELEASE
Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous substances into the waters or onto the lands within the borders of the Borough or into waters outside the jurisdiction of the Borough when damage may result to the lands, water or natural resources within the waters of the Borough.
THREATENED RELEASE
Any imminent or impending event potentially causing but not resulting in a release but causing the Borough to undertake an emergency response action.
VEHICLE
Any motorized equipment, registered or unregistered, including but not limited to passenger cars, motorcycles, trucks, tractor-trailers, construction equipment and farm machinery.
VESSEL
Any container, drum, barrel, box, cylinder or tank used to hold or contain or carry or store any hazardous materials.
Reimbursement to the Borough for the costs of any expended resources shall be made by the following parties jointly and severally:
A. 
The owner or operator of any vehicle responsible for or contributing to any release or threatened release of hazardous materials.
B. 
The owner or person responsible for any vessel containing hazardous materials involved in or contributing to any release or threatened release on public or private property, whether stationary or in transit, whether accidental or through the negligence of the owner or person responsible for the vessel.
C. 
The owner or person responsible for any property from which any release or threatened release of hazardous materials emanate, whether accidental or through the negligence or intentional acts of the owner, or person responsible for the property.
D. 
Any person responsible for or contributing to any release or threatened release of hazardous material on public or private property, whether accidental or through the negligence or intentional acts of the person responsible for contributing to the release or threatened release.
Any person or company responsible for or contributing to any release or threatened release of a hazardous material must provide reimbursement directly to the Borough for services rendered by any recovery company, towing company or other technical assistance required by the Borough to handle such incident.
[Amended 1-8-2004 by Ord. No. 717]
Any person, owner or company responsible for or contributing to any release or threatened release of hazardous materials shall reimburse the Borough of Mount Ephraim for the full price of replacing any nonusable equipment or expended resources, as well as fees for manpower and equipment used in any emergency response action concerning any release or threatened release within a period of 45 days after receipt of a bill for such items from the Borough of Mount Ephraim; or under special circumstances within a reasonable time as determined by the Chief of the Fire Department upon request of the responsible party.
Any person, owner or company responsible for or contributing to any release or threatened release of a hazardous material who fails to reimburse the Borough of Mount Ephraim within the time set forth in this chapter shall be subject to the penalty provisions contained in Chapter 305, Penalties.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Nothing in this chapter shall be construed to conflict with state or federal laws requiring persons causing or responsible for any release or threatened release of a hazardous material to engage in remediation activities or pay the costs thereof, or both.
[Added 1-8-2004 by Ord. No. 717[1]]
The cost of materials as hereinabove noted shall be the replacement cost of materials used to clean up or to prevent damage associated with a discharge. The cost of labor shall be assessed in accordance with the fees set forth in Chapter 165, Article II, Fee Schedule, for firefighter and other manpower, fire apparatus and other equipment.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added 1-8-2004 by Ord. No. 717]
All sums received in the form of cleanup or removal costs, as hereinabove described, as it pertains to the Fire Department and personnel and equipment shall be maintained under an account separate from the general revenue fund of the Borough and from the operating budget of the Fire Department at the discretion of the Chief of the Fire Department, along with the Director of Public Safety. The use of these sums will be to purchase equipment and supplies used in cleanup or removal of discharge of hazardous substances and for training related to hazardous substance cleanup. All other sums received shall be deposited into the general revenue fund of the Borough. The sums received in the form of cleanup and removal costs will be separated at the time they are billed to distinguish between those sums applicable to the Fire Department and those sums applicable to the Borough. The Fire Chief shall render an accounting of receipts and disbursements with the governing body on an annual basis at the time of submittal of the Mount Ephraim Fire Department's operating budget.