[HISTORY: Adopted by the Board of Commissioners of the Township
of Robinson as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
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:
The designated fire protection agency for the Township and/or
any other volunteer fire department authorized to provide service
in the Township.
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.
