[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Towamensing as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-1-1999 by Ord. No. 99-03-01]
The governing body of the Township of Lower Towamensing hereby designates the Fire Department as the hazardous materials incident command agency for all hazardous materials incidents within the limits of the Township.
A. 
The terms used in this article which are defined in the Pennsylvania Hazardous Materials Emergency Planning and Response Act, 35 P.S. § 6022.101 et seq., or any amendments thereto, shall have the same meaning as in that Act unless defined differently herein.
B. 
As used in this article, the following terms shall have the meanings indicated:
EMERGENCY ACTION
All of the activities conducted in order to prevent or mitigate injury to human health or to the environment from a release or threatened release of any material into or upon the environment.
EMERGENCY RESCUE PERSONNEL
Any public employee, including but not limited to any firefighter or emergency rescue personnel, who responds to any condition caused, in whole or part, by a hazardous material that jeopardizes or could jeopardize public health or safety or the environment.
FIRE CHIEF
The Fire Chief of the Township or appointed designee.
FIRE DEPARTMENT
Aquashicola Volunteer Fire Company.
HANDLER
Any person who handles hazardous material.
MSDS
A material safety data sheet prepared pursuant to state law or pursuant to the regulations of the Occupational Safety and Health Administration of the United States Department of Labor.
PERSON
An individual, trust, firm, joint-stock company, corporation, partnership or association.
RECOVERABLE EXPENSES
In general, those expenses that are reasonable, necessary and allocable to the emergency action. Expenses allowable for recovery may include, but are not limited to:
(1) 
Disposable materials and supplies acquired, consumed and expended specifically for the purpose of the emergency action.
(2) 
The cost of labor, calculated by determining the actual hourly wage rate plus the hourly cost of fringe benefits (and including overtime rates, if applicable) normally paid by the Township to Township personnel involved in responding to any emergency incident, or, in the case of emergency response agency volunteer personnel, in accordance with a fee/rate schedule adopted by the Fire Company, taking into account the funds expended to train and properly equip such volunteer, times the number of hours worked by each such volunteer, less one hour, in response to any emergency incident.
(3) 
Rental or leasing of equipment used specifically for the emergency action (such as protective equipment or clothing and scientific and technical equipment).
(4) 
Replacement costs for equipment owned by the Township that is contaminated beyond reuse or repair, if the equipment was a total loss and the loss occurred during the emergency action (such as self-contained breathing apparatus irretrievably contaminated during the response).
(5) 
Decontamination of equipment contaminated during the response.
(6) 
Special technical services specifically required for the response (such as costs associated with the time and efforts of technical experts or specialists not otherwise provided for by the Township).
(7) 
Other special services specifically required for the emergency action.
(8) 
Laboratory costs of analyzing samples taken during the emergency action.
(9) 
Costs of cleanup, storage and disposal of the released material.
(10) 
Costs associated with the services, supplies and equipment procured for a specific evacuation.
(11) 
Medical expenses incurred as a result of response activities.
(12) 
Fifteen percent of the sum of Subsections (1) through (11) of this definition, to cover the administrative costs and expenses incurred in effectuating and administering the costs recovery.
(13) 
Legal expenses that may be incurred as a result of the emergency action, including efforts to recover expenses pursuant to this article.
STORE
The containment of substances or materials in such a manner as not to constitute disposal of such substances or materials.
THREATENED RELEASE
A condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property or the environment.
A. 
The handler of any hazardous material shall, upon discovery, immediately report any release or threatened release of a hazardous material to the Fire Department. Each handler shall provide all state, Township or county fire or public health or safety personnel and emergency rescue personnel with access to the handler's facilities.
B. 
A copy of a report submitted to any state or federal agency concerning such release may be filed with the Fire Chief, instead of any original report.
C. 
The handler of any hazardous material shall, upon discovery, immediately report any release of a hazardous material to the National Response Center. At the time of the adoption of this article, its phone number is 800-424-8801.[1] The handler shall supply all and any information required by the National Response Center in order to provide enough information so that the National Response Center can help coordinate any emergency response required.
[1]
Editor's Note: At the time of publication of this Code, the phone number for the National Response Center is 800-424-8802.
Any person or business causing an unauthorized release of any hazardous material which required the Township or its Fire Company to expend public funds for the cleanup or removal of such hazardous material shall be civilly liable to the Township for all costs incurred by the Township or its Fire Company for such cleanup and removal.
The Fire Department is authorized to clean up or abate the effects of any hazardous material unlawfully released, discharged or deposited upon or onto property or facilities within the Township. The following described persons shall be jointly and severally liable to the Township for the payment of all costs incurred by the Township or its Fire Company as a result of such cleanup or abatement activity:
A. 
Any person or persons whose negligent or willful act or omission proximately caused such release, discharge or deposit;
B. 
The person or persons who owned or had custody or control of the hazardous substance or the material at the time of such release, discharge or deposit, without regard to fault or proximate cause; and
C. 
The person or persons who owned or had custody or control of the container which held such hazardous material or substance at the time of or immediately prior to such release, discharge or deposit, without regard to fault or proximate cause.
In the event that any person undertakes, either voluntarily or upon order of the Fire Chief or other Township official, to clean up or abate the effects of any hazardous substance or material unlawfully released, discharged or deposited upon or onto any property or facility within the Township, the Fire Chief may take such action as is necessary to supervise or verify the adequacy of the cleanup or abatement. The persons described in § 230-5 shall be liable to the Township for all costs incurred as a result of such supervision or verification.
A. 
The Fire Chief shall assemble/compile a bill of costs for each emergency action as follows:
(1) 
Within 30 days after rendering services in connection with an emergency action, or as soon thereafter as possible, the chief operating officer for each involved emergency response agency and the Township Secretary shall submit to the Fire Chief an itemized bill of costs calculated in accordance with the provisions of this article.
(2) 
The Fire Chief shall review all such bills of cost, correct any errors or duplications and compile a final documented total bill of cost.
(3) 
Upon compilation of a complete bill of costs, the Fire Chief shall, within 45 days of the emergency action, or as soon thereafter as possible, render an itemized billing statement to the responsible party/parties for the total amount of all submitted bills of cost plus 15% for administrative costs and expenses.
(4) 
If the responsible party/parties have not paid the bill of costs within 45 days from the date the same was billed, the Fire Chief shall take appropriate enforcement/collection action against the responsible party/parties.
Nothing in this article shall be construed to conflict with state or federal laws requiring persons causing or responsible for releases or threatened releases from engaging in remediation activities or paying the cost thereof, or both.
The provisions of this article are severable. If any provision of this article or its application to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provisions or application.