[Ord. 1994-8, 9/6/1994]
1.
The Hepburn Township Supervisors find that the continuing increase
in the costs of providing adequate fire, police, public works, and
other public safety services, particularly in the event of extraordinary
occurrence, such as the threat of or actual release of hazardous materials
seriously impairs the Township's ability to provide all necessary
services.
A.
In order to better protect the public health, safety, and welfare,
and to protect and preserve the public fiscal and all public funds
and tax dollars, the Hepburn Township Supervisors hereby adopt a policy
of reimbursement of expenses incurred while providing services during
a threat of or actual release of hazardous materials either in a transportation
or fixed facility incident.
B.
The following provisions are authorized, and it is further declared
that all costs and fees related thereto are to be levied solely for
the purpose of generating revenue to help defray the actual costs
and charges of both public and private sector services during an extraordinary
technological emergency.
[Ord. 1994-8, 9/6/1994]
Those expenses, and those related costs and fees that are
incurred by the Township, local, state or federal department or agency,
emergency services organization and from the private sector for actual
costs or charges for labor, materials, and any other costs associated
with the use of specialized extinguishing or abatement agent, chemical
neutralizer or similar equipment or material that is employed to monitor,
extinguish, confine, neutralized, contain, clean, or remove any hazardous
material that is or may be involved in a fire, or release into the
air, ground or water or the potential threat of any release or fire,
and any and all activities associated with the implementation of a
protective action, i.e., evacuation, to protect the public health,
safety and welfare.
A service performed by any Township department or employee, or any public or private sector organization, agency or company directly associated with mitigating the hazard or potential hazard or involved in providing services to implement a protective action. "Extraordinary service" may include, but not limited to, the abatement and disposition of hazardous materials, spills, releases, or the threat of spills or releases of hazardous materials, utility line breaks or leakages, and other imminent or perceived or potential threats of the health, safety and welfare of the public that may be detailed or contemplated in § 10-201 above.
[Ord. 1994-8, 9/6/1994]
1.
The Supervisors of the Township shall collect all fees as follows:
A.
Fees and costs (including overhead costs) shall encompass all personnel,
equipment, materials and maintenance charges from both the public
and private sectors actually rendered. A particular cost of fee schedule
need not be set forth in this section or elsewhere in this Part or
by further formal action by the Township. The Township Supervisors'
approval of this section shall constitute authorization for the Supervisors
to collect all such fees and costs (including overhead costs) pursuant
to the receipt of related expenditures or costs that are submitted
to the Township by affected public and private bureaus, agencies,
departments or companies.
B.
Within 30 days of the date of the extraordinary or dangerous occurrence
giving rise to the extraordinary service, the affected public agencies,
departments or private companies shall submit its extraordinary service
related costs, fees, charges and expenses to the Township Supervisors
for review. At such time as all costs, fees, charges and expenses
related to the extraordinary service have been collected and reviewed,
but in any case not later than 60 days from the date of the determining
the total cost of rendering this extraordinary service, the Township
Supervisors shall submit a bill for all costs, fees, charges and expenses,
to the owner, agent or manager of the vehicle or fixed facility which
caused the need for extraordinary service, with a demand that a full
remittance be made within 30 days of receipt.
C.
In cases of hardship, or where circumstances are such that a full
remittance cannot be made to the Township within the thirty-day period,
the Township shall hereby authorize the Township Solicitor to enter
into negotiations with the owner or his agent for an extended payback
period of time not to exceed six months.
D.
All monies received under the provisions of this Part shall be placed
into the general fund and reimbursement be made to all public and
private sector departments/agencies who had submitted related costs,
fees, charges and expenses for providing and extraordinary service
as outlined herein.
[Ord. 1994-8, 9/6/1994]
The Township 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 attorneys fees or for any other relief
that may be appropriate.
[Ord. 1994-8, 9/6/1994]
Nothing in this Part shall authorize any Township bureau, department,
or personnel or staff members to refuse or delay an emergency service
to any person, firm, organization or corporation, that has not reimbursed
the Township for extraordinary services. Furthermore, nothing in this
section shall be construed to demand reimbursement to the Township
for those municipal services that are normally provided to Township
residents and others as a matter of the Township's general operating
procedure, and for which the levying of taxes, or the demand for reimbursement
is normally made.
