[Ord. 833, 6/3/1996, § 1]
The foregoing recital clauses are declared to be a declaration of purpose of this Part and are hereby incorporated by reference.
Editor's Note: The recitals are included in the original of Ord. 833 and are on file in the Borough office.
[Ord. 833, 6/3/1996, § 2]
Terms used in this Part which are defined in the Pennsylvania Hazardous Materials Emergency Planning and Response Act, 35 P.S. § 6022.101 et seq., or any subsequent amendments thereto, shall have the same meaning as in the said Act unless defined differently herein.
- The Borough of Emmaus.
- Borough Council of Emmaus.
- EMERGENCY INCIDENT
- An occurrence involving a risk of harm and/or imminent threat to private or public property, life or potential threat to the environment or public health or safety.
- A. Borough of Emmaus Fire Department;
- B. Borough of Emmaus Ambulance Corps;
- C. Borough of Emmaus Police Department; and similar emergency response agencies from other municipalities responding to a request for assistance/aid under a mutual aid agreement and Borough employees responding to an emergency incident at the request of an emergency response agency.
- EMERGENCY SERVICE COSTS
- All direct and indirect costs and expenses incurred/expended by the Borough and/or any emergency service agency in connection with any emergency incident including, but not limited to, the following:
- A. The cost of labor calculated by determining the actual hourly wage rate plus the hourly cost of fringe benefits (and including overtime rates, if applicable) normally paid by the Borough to Borough personnel involved in responding to any emergency incident or, in the case of emergency response agency volunteer personnel, as determined by the Borough Manager, taking into account the funds expended to train and properly equip each such volunteer, times the number of hours worked by each such volunteer, less one hour, in response to any emergency incident.
- B. The cost of all nonreusable materials and all contaminated or consumed materials utilized in connection with any emergency incident.
- C. The cost of all equipment, calculated by estimating the number of hours of the useful life of such equipment and dividing the same into the replacement cost plus the maintenance cost of said equipment and then multiplying the result by the number of hours such equipment was "in service" in response to any emergency incident.
- D. The administrative cost of record keeping, information processing and assembly/compilation of a bill of cost.
- E. The reasonable attorney's fees and costs (including witness fees) of pursuing enforcement/collection action for emergency service cost against responsible parties.
- RESPONSIBLE PARTY/PARTIES
- The following person(s) or business entities shall, for the purpose of this Part, be deemed responsible parties:
- A. The owner of any petroleum, petroleum distillate or by-product, hazardous material or chemical and the common carrier, including pipeline owner, of any such material.
- B. The owner of the real property on which any petroleum, petroleum distillate or by-product, hazardous material or chemical is spilled, released, dumped, deposited or stored.
- C. The owner of real property on or in which there occurs an unfriendly fire and/or a building, well, trench or sinkhole collapse requiring rescue efforts or otherwise threatening life, property or the environment and to which there is a response by an emergency response agency.
- D. Any person(s) and/or legal entity or entities found to be legally responsible in any court of competent jurisdiction for the causation of any emergency incident.
[Ord. 833, 6/3/1996, § 3]
The occurrence of unfriendly fires, hazardous material, petroleum and chemical type spills, releases, fires and the unexpected collapse of wells, trenches, buildings and sinkholes requiring rescues or otherwise threatening life, property or the environment are all declared to be an emergency incident.
[Ord. 833, 6/3/1996, § 4]
The responsible party/parties shall be liable for and shall reimburse the Borough for all of the direct and indirect emergency service costs incurred/expended by any Borough emergency service agency for labor, materials, equipment used in connection with any emergency incident.
[Ord. 833, 6/3/1996, § 5]
The Borough may enforce this Part by having its Solicitor file civil action against any responsible parties in any court of competent jurisdiction for the recovery of emergency service costs.
[Ord. 833, 6/3/1996, § 6]
The Borough Manager shall assemble/compile a bill of costs for each emergency incident as follows:
Within 30 days after rendering services in connection with an emergency incident, or as soon thereafter as possible, the chief operating officer for each involved emergency response agency shall submit to the Borough Manager an itemized bill of costs calculated in accordance with the provisions of this Part.
The Borough Manager shall review all such bills of cost, correct any errors or duplications and compile a final documented total bill of cost.
Upon compilation of a complete bill of costs, the Borough Manager shall, within 45 days of the emergency incident, or as soon thereafter as possible, render an itemized billing statement to the responsible party/parties for the total amount of all submitted bills of cost plus 15% for administrative expense.
If the responsible party/parties have not paid the Borough bill of costs within 45 days from the date same was billed, the Borough Manager shall take appropriate enforcement/collection action against the responsible party/parties.
As an alternative to the foregoing procedure, the chief executive officer of any Borough emergency response agency which responded to an emergency incident may prepare, or cause to be prepared, an itemized bill of costs compiled in accordance with this Part for his or her emergency response agency only and submit the same directly to any responsible party for payment or submission for third party payment. However, any Borough emergency response agency which latter elects to submit a direct cost billing to a responsible party shall not, without the consent of the Borough Manager of the Borough, thereafter be entitled to submit such cost billing to the Borough for collection efforts in the event of nonpayment, partial payment or dispute concerning responsibility for payment or the amount of the cost billing.
[Ord. 833, 6/3/1996, § 7]
All monies received/recovered by the Borough under the provisions of this Part in connection with an emergency incident shall be deposited in a special Borough emergency services cost recovery account and, upon completion of cost recovery efforts, the Borough Manager shall disburse the funds recovered as follows:
Fifteen percent of the total refunds shall be allocated to the Borough general fund to reimburse the Borough for the administrative costs incurred in effectuating and administering the cost recovery, except that if the Borough refers a bill of costs to its Solicitor for collection litigation, the Borough shall be reimbursed, in addition to the aforesaid 15% of the total funds recovered, the full amount of all legal services, costs and fees incurred in connection with the legal services performed by its Solicitor.
The balance of the funds recovered shall be disbursed, with explanation, to the emergency response agencies which submitted bills of costs in proportion to the amounts of each such bill of costs which was recoverable and recovered, and if the total amount recovered was less than the full amount of the total of the bills of costs, the disbursement to each emergency response agency shall be as determined appropriate by the Borough Manager with explanation to each emergency response agency.