[HISTORY: Adopted by the Board of Supervisors of the Township
of Perkiomen as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-1-2016 by Ord.
No. 228]
This article shall be known as the "Perkiomen Township Emergency
Services Cost Reimbursement Ordinance."
A.Â
Pursuant to 53 P.S. § 66803(d), Perkiomen Township has
recognized and appointed the Perkiomen Township Fire Company as the
designated fire company within Perkiomen Township; and
B.Â
Pursuant to 53 P.S. §§ 66803(b) and 66553, Perkiomen
Township, Montgomery County, Pennsylvania, has the authority to make
rules and regulations for the governing of fire services and emergency
services within Perkiomen Township; and
C.Â
The Perkiomen Township Fire Company responds to hazardous material
incidents, environmental incidents, fire, safety, and rescue incidents;
and
D.Â
Perkiomen Township recognizes that the duties of the Perkiomen Township
Fire Company require specialized tools for fire suppression, safety,
and rescue responses, hazardous material abatement equipment, and
environmental incident abatement and remediation. Perkiomen Township
recognizes that such tools and equipment place a financial burden
on the Perkiomen Township Fire Company, and the replacement of such
materials adds to the financial burden for said Fire Company; and
E.Â
The Board of Supervisors of Perkiomen Township intends by this article
to recognize the authority of the Perkiomen Township Fire Company
to seek collection and reimbursement for the reasonable costs of responding
to such incidents, whether within or outside Perkiomen Township, when
responding directly, upon dispatch by the Montgomery County Department
of Public Safety Central Dispatch, through response under mutual aid
agreements, or in coordination with the Township, County, Commonwealth,
or Federal Office of Emergency Management.
A.Â
Perkiomen Township authorizes the Perkiomen Township Fire Company
to recover the reasonable cost of emergency rescue tools, equipment,
and materials, hazardous material abatement tools, equipment, and
materials used or expended in the response to any hazardous material,
environmental, fire, safety, and/or rescue incident or operation,
including vehicular accidents.
B.Â
The reasonable costs incurred by the Perkiomen Township Fire Company
may be recovered directly by said Fire Company or through a third-party
billing service as an authorized agent for the collection of such
costs.
C.Â
The Perkiomen Township Fire Company and any third-party billing service
shall only have the authority to recover the aforementioned costs
from an applicable insurance company/carrier, and not any individual
or other entity, unless such individual or entity volunteers or agrees
to reimburse the said costs.
D.Â
The reimbursement rates for the aforementioned tools, equipment,
and materials shall be as set by the Perkiomen Township Fire Company
from time to time, and shall be only applied to the recovery of applicable
costs. No recovery shall be made for any manpower or personnel, except
as may otherwise be permitted by the Pennsylvania Hazardous Materials
and Emergency Planning and Response Act, 35 P.S. § 6022.210,
or as otherwise authorized by any statute, case law, or common law.
E.Â
In addition to the aforementioned recoverable costs, Perkiomen Township
and/or the Perkiomen Township Fire Company, or any third-party billing
service, shall be authorized to collect reasonable interest, collection
fees, attorney fees, as well as reasonable administrative fees for
collecting the same, and any and all additional fees as may be authorized
by the Hazardous Materials and Emergency Planning and Response Act,
or as authorized by any other statute or law.
Except for recovery of costs incurred by the Township, the Township
shall not be responsible for any aspect of the recovery costs set
forth under this article. The Township shall have no obligation to
assist the Fire Company, or any third-party billing service, in the
recovery of costs set forth under this article.
