[HISTORY: Adopted by the Borough Council of the Borough of
Larksville as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-27-1991 by Ord. No. 1-1991 (Ch. 100, Art. I, of the 1987 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Those expenses and those related costs and fees that are
incurred by the Borough, local, state or federal government 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, neutralize, 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 Larksville Borough 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 services" may include but are 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 to the health, safety and welfare of the public that may be
detailed or contemplated in the definition of extraordinary expenses
above.
The Council of the Borough of Larksville shall collect all fees
as follows:
A.
Fees and costs (including overhead costs) shall encompass all personnel,
equipment, materials and maintenance expenses in such a form as to
ensure full reimbursement of charges from both the public and private
sectors actually rendered.
B.
A particular cost or fee schedule need not be set forth in this section
or elsewhere in the Larksville Borough ordinances or by further formal
action by the Larksville Borough Council. The Larksville Borough Council
approval of this section shall constitute authorization for the Emergency
Management Coordinator to collect all such fees and costs that are
submitted to Larksville Borough by affected public and private bureaus,
agencies, departments or companies.
C.
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 their extraordinary
service-related costs, fees, charges and expenses to Larksville Borough
Council 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 determining
the combined cost of rendering extraordinary services, the Larksville
Borough Council 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 services, with a demand that
a full remittance be made within 30 days of receipt.
D.
In case of hardship or where circumstances are such that a full remittance
cannot be made to the Borough of Larksville within the thirty-day
period, the Borough Council shall hereby authorize the Borough Solicitor
to enter into negotiations with the owner or his agent for an extended
payback period of time not to exceed six months.
E.
All moneys received under the provisions of this article shall be
placed into the general fund, and reimbursement shall be made to all
public and private sector departments and agencies which had submitted
related costs, fees, charges and expenses for providing an extraordinary
service as outlined herein.
The Borough of Larksville may enforce the provisions of this
article 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.
Nothing in this article shall authorize any Larksville Borough
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 Borough for extraordinary services. Furthermore,
nothing in this section shall be construed to demand reimbursement
to the Borough of Larksville for those municipal services that are
normally provided to Borough residents and others as a matter of the
Borough's general operating procedure, for which the levying
of taxes or the demand for reimbursement is normally made.
[Added 2-26-1992 by Ord.
No. 1-1992[1]]
Any violation of this article shall be determined to be a summary
violation of a municipal ordinance and for all purposes shall be considered
that if a person violates said article that he shall be liable as
a summary conviction of a municipal ordinance and subject also to
the maximum allowable fine or penalty of $300 or the maximum allowable
fine as permitted by the statutes of the Commonwealth of Pennsylvania.
[1]
Editor's Note: This ordinance provided that it take effect
1-1-1992.
