[Adopted by the Borough Council of the Borough of Plymouth
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-8-1991 by Ord.
No. 2-1991]
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, a local, state or federal department or agency
or an 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 a 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 released 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 Borough departments or employees
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 or 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 elected officials of the Borough 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
insure for full reimbursement for charges from both the public and
private sectors actually rendered. A particular cost or fee schedule
need not be set forth in this section or elsewhere in the Borough
ordinances or by further formal action by the Borough Council. The
Borough Council approval of this section shall constitute authorization
for the Council to collect all such fees and costs (including overhead
costs) pursuant to the receipt of related expenditures or costs that
are submitted to the Borough by affected public and private bureaus,
agencies, departments or companies.
B.
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 the 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 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.
C.
In cases of hardship or where circumstances are such that a full
remittance cannot be made to the Borough 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.
D.
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 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 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 article shall be construed to demand reimbursement
to the Borough for those municipal services that are normally provided
to Borough residents and others as a matter of the Borough's
general operating procedure and for which the levying of taxes or
the demand for reimbursement is normally made.
