[Ord. 778, 6/16/1999,
§ 1]
Those expenses, costs and fees that are incurred by the Borough,
or charged to the Borough by any local agency, state, or federal department
or agency, emergency services organization and from any contractor
employed by the Borough for actual costs or charges for labor, materials,
or damaged or destroyed equipment or property in responding to an
occurrence and associated with the implementation of a protective
action (i.e., detour, evacuation) to protect the public health, safety
and welfare. The cost of labor shall include the actual rates, including
fringe benefits, paid by the Borough of Stroudsburg to its employees,
the Borough Local Emergency Management Coordinator and Deputy Coordinator.
Petroleum and its derivatives, explosives, flammables, acids,
oxidizing chemicals, poison gases, defoliants, and any materials or
substances regarded and defined as hazardous by the Pennsylvania Department
of Environmental Protection or its successor agency.
Any materials or substances in any shape, form, or composition,
including but not limited to garbage, trash, vegetation, construction
and demolition, equipment, machinery, vehicles or similar items that
require a halting or detouring of traffic for the removal or cleaning
and repair of the roadway or area damaged or causes the evacuation
of persons, animals or property to insure the safety, health and welfare
of persons, animals or property.
An occurrence involving hazardous or nonhazardous material
or a hazardous or nonhazardous substance that is or may result in
Borough employees, volunteers or Borough equipment being called to
the scene; released into the air, ground or water or the threat of
any potential release into the air, ground or water or the threat
of any potential release; or a situation that requires a halting or
detouring of traffic or an evacuation of persons or animals from an
area to insure the health, safety and welfare of persons or their
property.
An action, such as traffic control, detours, covering, cleanup,
removal or evacuation, taken by the Borough or by other officials
or agencies in order to protect the public health, safety and welfare.
A service performed by the Borough departments or employees
or any public or private sector organization, agency or company directly
associated with traffic control and monitoring or otherwise mitigating
the occurrence or involved in providing service to implement a protective
action. These services may include but are not limited to the abatement
and disposition of hazardous and nonhazardous materials, spills, releases
or the threat of spills or releases of hazardous and nonhazardous
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 "expenses,
costs and fees" above.
[Ord. 778, 6/16/1999,
§ 2]
1.
The Borough of Stroudsburg shall impose and collect from the person,
partnership, corporation or other entity responsible for an occurrence
the following costs, expenses and fees incurred:
A.
Fees and costs (including overhead costs) shall encompass all personnel,
equipment, fuel, materials and maintenance expenses in such a form
as to insure for full reimbursement for charges from both the public
and private sectors for services actually rendered.
B.
Within 30 days of the date of the occurrence giving rise to the service,
the affected public agencies, departments, or private companies shall
submit their service-related costs, fees, charges and expenses to
the Borough for review. At such time as all costs, fees, charges and
expenses related to the services have been collected and reviewed,
but in any case not later than 60 days from the date of determining
the combined cost of rendering services, the Borough of Stroudsburg
shall submit a bill for all costs, fees, charges and expenses to the
owner, agent, or manager of the vehicle or fixed facility that caused
the occurrence requiring services, with a demand that a full remittance
be made within 30 days of receipt.
C.
All monies received under the provisions of this chapter shall be
placed into the general fund and reimbursement shall be made to all
public and private sector departments or agencies that had submitted
related costs, fees, charges and expenses for providing an extraordinary
service as outlined herein, either in full or pro rata as the funds
recovered allow.
[Ord. 778, 6/16/1999,
§ 3]
In the event of a spill, leak or fire involving petroleum, chemicals,
and/or hazardous or nonhazardous materials if the shipper, carrier,
or owner of said products does not have a contract with a professional
hazardous materials cleanup crew (DEP-EPA approved) and/or if conditions
warrant, the Borough of Stroudsburg Emergency Services Coordinator
shall have the authority to contact a private firm for cleanup, control,
containment or extinguishment and shall not be limited to the disposal
of said hazardous or nonhazardous products or substances.
[Ord. 778, 6/16/1999,
§ 4]
The Borough of Stroudsburg may enforce the provisions of this
Part by civil action in a court of competent jurisdiction for the
collection of any amounts due hereunder plus attorney's fees
and costs or for any other relief that may be appropriate.
[Ord. 778, 6/16/1999,
§ 5]
Nothing in this Part shall authorize any Borough of Stroudsburg
department or staff members to refuse or delay an emergency service
to any person, firm, organization or corporation that has not reimbursed
the Borough of Stroudsburg for services. Furthermore, nothing in this
section shall be construed to require reimbursement to the Borough
of Stroudsburg for those municipal services normally provided to the
Borough of Stroudsburg residents and others as a matter of the Borough
of Stroudsburg's general operating procedure and for which the
levying of taxes or for which the demand for reimbursement is normally
made under the provisions of other Borough ordinances.
