[Ord. 976, 1/16/2008]
For the purposes of this Part, the following terms shall be
defined in accordance with this section:
The Forest Hills Volunteer Fire Department and/or any other
volunteer fire department authorized to provide service in the Borough.
Any substances or materials in a quantity or form which poses
an unreasonable and imminent risk to the life, health or safety of
persons or property or to the ecological balance of the environment,
and shall include, but not be limited to, such substances as explosives,
radioactive materials, petroleum products or gases, poisons, etiologic
(biologic) agents, flammable, corrosives or materials listed in the
hazardous substances list of the Pennsylvania Department of Labor
and Industry. This definition shall also conform to the corresponding
definition contained in the Hazardous Material Emergency Planning
and Response Act, 35 P.S. § 6022.103.
[Ord. 976, 1/16/2008]
The Borough, through its emergency services, is authorized to
clean up, dispose or abate, or cause to be cleaned up, disposed, or
abated the effects of any hazardous materials or substances spilled
or deposited upon or into properties or facilities within the municipal
boundaries of the Borough or having a direct identifiable effect on
persons or property within the municipal boundaries of the Borough
including, but not limited to, traffic control, evacuation, relocation,
substance monitoring, establishment of medical care facilities and
other costs incurred in the mitigation of the emergency situation.
[Ord. 976, 1/16/2008]
Any person who intentionally, negligently, accidentally or otherwise
causes a hazardous material or substance spill, deposit, or any other
act or omission necessitating the providing of emergency services
by the Borough or by the Fire Department within the boundaries of
the Borough or the service areas of the Fire Department shall be liable
for all reasonable costs incurred by the Borough and/or the Fire Department
as a result of such spill, deposit, or other act or omission. The
remedy provided by this Part shall be in addition to any other remedies
provided by law.
[Ord. 976, 1/16/2008]
For the purpose of this Part, reasonable costs incurred by the
Borough and/or the Fire Department for emergency services shall include,
but not be limited to, the following: actual labor costs of Borough
and Fire Department personnel including, but not limited to, workers'
compensation benefits, insurance, fringe benefits and administrative
overhead; cost of equipment operation; cost of repair or replacement
of damaged equipment; cost of special fire extinguishing agents; cost
of materials and/or supplies; and any costs of any contracted labor
and materials.
[Ord. 976, 1/16/2008]
The authority to recover reasonable costs under this Part shall
not include actual fire suppression services which are normally or
usually provided by the Fire Department.
[Ord. 976, 1/16/2008]
For purposes of this Part, the charges for use of the Borough's
or the Fire Department's emergency services equipment, materials
and personnel shall be billed by the entity incurring the costs, provided
that such charges or costs shall not be billed without the prior approval
of the Borough Treasurer. Payment of said charges shall be remitted
within 30 days of receipt of the entity's bill or invoice. If
such charges are not paid within 30 days, the billing entity may initiate
an appropriate action in any tribunal of competent jurisdiction for
the collection of any amounts due hereunder plus attorneys fees, interest
and costs, provided that any such legal action shall not be commenced
without the prior approval of the Borough Treasurer.
