[HISTORY: Adopted by the Board of Commissioners of the Township of Robinson as indicated in article histories. Amendments noted where applicable.]
Police Department — See Ch. 56.
[Adopted 7-6-2015 by Ord. No. 2-2015]
This article shall be known and may be cited as the "Emergency Service Cost Reimbursement Ordinance."
For the purposes of this article, the following terms shall be defined in accordance with this section:
- FIRE COMPANY
- The designated fire protection agency for the Township and/or any other volunteer fire department authorized to provide service in the Township.
- HAZARDOUS MATERIALS
- 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 confirm to the corresponding definition contained in the Hazardous Material Emergency Planning and Response Act, 35 P.S. § 6022.103, as amended.
The Township, 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 substance spilled or deposited upon or into properties or facilities with the municipal boundaries of the Township or have a direct identifiable effect on persons or property within the municipal boundaries of the Township 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.
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 Township or by the Fire Company within the boundaries of the Township shall be liable for all reasonable costs incurred by the Township and/or the Fire Company as a result of such spill, deposit, or other act or omission. The remedy provided by this article shall be in addition to any other remedies provided by law.
For the purpose of this article, reasonable costs incurred by the Township and/or the Fire Company for emergency services shall include, but not be limited to, the following: actual labor costs of Township and Fire Company personnel including, but not limited to, workers' compensation benefits, insurance, fringe benefits, wages and administrative overhead; cost of equipment operation; cost of repair or replacement of damaged equipment; cost of special fire extinguishing agents; costs of materials and/or supplies; and any costs of any contracted labor and materials.
For purposes of this article, the charges for use of the Township's or the Fire Company's emergency services equipment, materials and personnel shall be billed by the entity incurring the costs. 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 attorney's fees, interest and costs.