[HISTORY: Adopted by the Board of Supervisors of Newberry Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-25-2019 by Ord. No. 407]
A. 
The Township authorizes the fire companies and the Township to recover the reasonable cost of emergency rescue tools, equipment, and materials; hazardous material abatement tools, equipment, and materials; and personnel hours involving any hazardous material, environmental, fire, safety, and/or rescue incident or operation, including vehicular accidents.
B. 
The reasonable costs incurred by the fire companies outlined above may be recovered directly by the fire companies, Township, or through a third-party billing service as an authorized agent for the collection of such costs.
C. 
The fire companies, Township, or third-party billing service shall have the right and authority to seek reimbursement for such reasonable costs, which include, but are not limited to, the actual or reasonable costs of response for the materials used or equipment damaged in the emergency. A bill for reimbursement must clearly itemize the costs that have been incurred by the fire company or Township and shall be in accordance with the most recent fee resolution as adopted by the Board of Supervisors, as described further below.
D. 
The reimbursement rates for the aforementioned tools, equipment, and materials shall be set by the fire companies from time to time and shall be only applied to the recovery of costs arising out of incidents that occurred subsequent to the setting of the rates. These rates shall be approved by the Township and be kept on file in the Township building. The reimbursement costs for the aforementioned tools, equipment, and materials shall be set by the Township from time to time by resolution adopted by the Board of Supervisors.
E. 
In addition to the aforementioned reasonable costs, the fire companies, Township, or third-party billing service shall be authorized to collect reasonable interest, as well as a reasonable administrative fee for collecting the same, and any and all additional fees as may be authorized by the Hazardous Material and Emergency Planning and Response Act[1] or authorized by any other statute or law.
[1]
Editor's Note: See 35 P.S. § 6022.101 et seq.
F. 
The fire companies, Township, or third-party billing service may only seek to recover the aforementioned costs from an applicable insurance company/carrier, as permitted by law. In the event that any claim for reimbursement is denied by any party or insurance carrier, the fire companies or Township shall have the authority to authorize such legal action, at their own expense, as may be necessary to enforce the claim and this article or, in their discretion, to withdraw or discontinue any claim for reimbursement.
G. 
This article shall not be construed to require reimbursement to the Township for those municipal services normally provided to the Township residents and others as a matter of the Township's general operating procedure and for which the levying of taxes or for which the demand for reimbursement is normally made under the provisions of other Township ordinances.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Except for recovery of costs incurred by the Township, the Township shall not be responsible for any aspect of the recovery of costs under this article. The Township shall not be obligated to take any steps to assist the fire companies or any third-party billing services in recovery of costs under this article.
This article shall become effective five days after date of enactment as provided by law.