[HISTORY: Adopted by the Board of Supervisors of the Township
of Polk 5-18-2020 by Ord. No. 2020-04[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 190, Emergency
Services Reimbursement, adopted 6-28-1999 by Ord. No. 1999-02.
A.
Pursuant to 53 P.S. § 66803(d), Polk Township has recognized
and appointed the Polk Township Fire Company as the designated fire
company within Polk Township; and
B.
Pursuant to 53 P.S. §§ 66803(b) and 66553, Polk Township,
Monroe County, Pennsylvania, has the authority to make rules and regulations
for the governing of fire services and emergency services within Polk
Township; and
C.
The Polk Township Fire Company responds to hazardous material incidents,
environmental incidents, fire, safety, and rescue incidents; and
D.
Polk Township recognizes that the duties of the Polk Township Fire
Company require specialized tools for fire suppression, safety, and
rescue responses, hazardous material abatement equipment, and environmental
incident abatement and remediation. Polk Township recognizes that
such tools and equipment place a financial burden on the Polk Township
Fire Company, and the replacement of such materials adds to the financial
burden for said Fire Company; and
E.
The Board of Supervisors of Polk Township intends by this chapter
to recognize the authority of the Polk Township Fire Company to seek
collection and reimbursement for the reasonable costs of responding
to such incidents, whether within or outside Polk Township, when responding
directly, upon dispatch by the Monroe County Department of Public
Safety Central Dispatch, through response under mutual aid agreements,
or in coordination with the Township, county, commonwealth, or Federal
Office of Emergency Management.
A.
Polk Township authorizes the Polk Township Fire Company to recover
the reasonable cost of emergency rescue tools, equipment, and materials,
hazardous material abatement tools, equipment, and materials used
or expended in the response to any hazardous material, environmental,
fire, safety, and/or rescue incident or operation, including vehicular
accidents.
B.
The reasonable costs incurred by the Polk Township Fire Company may
be recovered directly by said Fire Company or through a third-party
billing service as an authorized agent for the collection of such
costs.
C.
The Polk Township Fire Company and any third-party billing service
shall only have the authority to recover the aforementioned costs
from an applicable insurance company/carrier, and not any individual
or other entity, unless such individual or entity volunteers or agrees
to reimburse the said costs.
D.
The reimbursement rates for the aforementioned tools, equipment,
and materials shall be as set by the Polk Township Fire Company, from
time to time, and shall be only applied to the recovery of applicable
costs. No recovery shall be made for any manpower or personnel, except
as may otherwise be permitted by the Pennsylvania Hazardous Materials
and Emergency Planning and Response Act, 35 P.S. § 6022.210,
or as otherwise authorized by any statute, case law, or common law.
E.
In addition to the aforementioned recoverable costs, Polk Township
and/or the Polk Township Fire Company, or any third-party billing
service, shall be authorized to collect reasonable interest, collection
fees, attorney fees, as well as reasonable administrative fees for
collecting the same, and any and all additional fees as may be authorized
by the Hazardous Materials and Emergency Planning and Response Act,
or as authorized by any other statute or law.
Except for recovery of costs incurred by the Township, the Township
shall not be responsible for any aspect of the recovery costs set
forth under this chapter. The Township shall have no obligation to
assist the Fire Company, or any third-party billing service, in the
recovery of costs set forth under this chapter.
