[HISTORY: Adopted by the Board of Supervisors of the Township
of Forks 4-20-2017 by Ord. No.
348. Amendments noted where applicable.]
This chapter provides for the assessment of costs of maintenance,
use or replacement of any and all equipment, labor or materials used
to control, maintain, extinguish, defuse, respond to, clean up or
alleviate hazardous conditions to the individual or entity responsible
therefor; and provides procedures for assessment, collection and enforcement.
No person shall, directly or indirectly, cause or permit any
spill, release, discharge, emanation or issuance of any chemical,
petroleum product, gas, industrial waste or any other materials which
may create a hazard, risk, or peril to the health, safety or welfare
of the Township, its residents or the general public.
A.
The person responsible for the spill, release, discharge, emanation or issuance of any of the substances described in § 103-4 hereof, as well as the owner of such released substances, shall be liable to the Township for the maintenance, use or replacement of any equipment, labor or materials used by the Township, or any agent thereof, to abate, extinguish, resolve, curb, contain, clean up, control or alleviate the effects of said spill, release, discharge, emanation or issuance.
B.
For the purposes of this chapter, the phrase "equipment, labor and
materials" shall include, but not be limited to, foam, dry chemicals,
sand, absorbents, equipment contaminated or beyond repair, and other
equipment, labor or materials deemed necessary by the Township or
the emergency unit responding to abate the situation or condition.
C.
For the purposes of this chapter, the term "person" shall mean any
individual, partnership, corporation, association, institution, cooperative
enterprise, municipality, municipal authority, or any other legal
entity whatsoever which is recognized by law as the subject of rights
and duties.
A.
The Community Fire Company of Forks Township (the "Fire Company")
shall have the right and authority to seek reimbursement for the cost
of the maintenance, use and replacement of the equipment, labor and
materials used or required as stated hereinbefore and shall assess
such cost against the owner and the responsible person. A bill for
reimbursement must clearly itemize the costs that have been incurred
by the Fire Company and shall be in accordance with the cost schedule
adopted from time to time by resolution of the Board of Supervisors
of the Township of Forks. A bill therefor shall be sent by certified
mail, return receipt requested, to the owner and other responsible
persons.
B.
The Fire Company or a third-party billing service that submits to
a person a bill as provided for under this chapter may file an action
in a court of competent jurisdiction to recover the amount if the
person fails to pay the amount of the bill, which may include reasonable
interest, reasonable administrative fees, reasonable attorney fees,
and court fees for the collection of the bill.
