[Ord. No. 17.3, 9/10/1991, § 1]
As used in this Part, the following terms shall have the meanings indicated:
EXTRAORDINARY EXPENSE
Those expenses, and those related costs and fees that are incurred by the Township, the Sugarloaf Township Fire Department and the local Emergency Management Agency 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 an accident, including motor vehicle accidents, industrial and commercial accidents, 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.
EXTRAORDINARY SERVICE
A service performed by any (Township) departments or employees, local and municipal department or local emergency service fire organizations 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 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 expense," above.
HAZARDOUS MATERIAL
Any of the following:
1. 
Any substance listed in the list of toxic pollutants found in 40 CFR 401.15, as amended.
2. 
Any substance designated as a hazardous material by Pennsylvania statute.
3. 
Any compressed gas, explosive, flammable liquid, flammable solid, oxidizer, poison or radioactive material. As used in this definition, the following terms shall have the following meanings:
A. 
CFRThe Code of Federal Regulations. The numbers immediately preceding and immediately following the initials CFR shall refer to the volumes, divisions and sections used to identify parts of the Code of Federal Regulations.
B. 
COMPRESSED GASAny substance regulated as a compressed gas by the United States Department of Transportation, by regulations found in 49 CFR 173.300.[1]
C. 
EXPLOSIVEAny substance regulated as a Class A or Class B explosive by the United States Department of Transportation, by regulations found in 49 CFR 173.53 and 173.58.
D. 
FLAMMABLE LIQUIDAny substance regulated as a flammable liquid by the United States Department of Transportation by regulations found in 49 CFR 115.
E. 
FLAMMABLE SOLIDAny substance regulated as a flammable solid by the United States Department of Transportation by regulations found in 49 CFR 173.150.
F. 
OXIDIZERAny substance regulated as an oxidizer by the United States Department of Transportation by regulations found in 49 CFR 173.151.
G. 
POISONAny liquid or gas that is life-threatening when mixed with air in small amounts, and shall also include all those substances regulated as a poison by the United States Department of Transportation by regulations found in 49 CFR 173.326.[2]
H. 
RADIOACTIVE MATERIALAny substance required by the United States Department of Transportation to have type A packaging or other special protection or closed transport vehicles, under regulations found in 49 CFR 173.425.
4. 
Any of the following: explosives, pyrotechnics, flammable gas, flammable compressed gas, nonflammable compressed gas, flammable liquid, oxidizing material, any flammable material, poisonous gas, poisonous liquid, irritating material, material that causes diseases in humans, gas under such pressure that an explosion hazard exists, radioactive material, corrosive material or liquefied petroleum gas.
PERSON
An individual, trust, firm, joint stock company, corporation, partnership or association.
RELEASE
Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment.
THREAT OF ANY 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.
[1]
Editor's Note: The provisions of 49 CFR 173.300 were removed and reserved 10-1-2011.
[2]
Editor's Note: So in original.
[Ord. No. 17.3, 9/10/1991, § 2]
1. 
The Sugarloaf Township Fire Department or the Sugarloaf Township Emergency Management Agency is authorized to abate the effects of any hazardous material released, discharged, spilled or deposited or threatened to be released or spilled upon or onto property, roadways 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 as a result of such abatement activity or the threat of any return or spill or threat of a spill or release:
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 or spill without regard to fault or proximate cause.
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, threat of release, discharge or deposit, without regard to fault or proximate cause.
2. 
In the event that any person undertakes voluntarily 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 or Emergency Management Coordinator may take such action as is necessary to supervise or verify the adequacy of the cleanup or abatement. The persons described in Subsection 1, above, shall be liable to the Township for all costs incurred as a result of such supervision or verification.
3. 
The Fire Chief and Emergency Management Coordinator shall be responsible for administering and enforcing the provisions of this Part and shall ensure that the Township complies with all applicable state and federal laws and regulations.
[Ord. No. 17.3, 9/10/1991, § 3]
1. 
The Supervisors of the Township 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 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 this Part or by further formal action by the Township Supervisors. The Township Supervisors' approval of this section shall constitute authorization for the Supervisors to collect all such fees and costs (including overhead costs) pursuant to the receipt of related expenditures or costs that are submitted to the Township.
B. 
Within 30 days of the date of the extraordinary or dangerous occurrence giving rise to the extraordinary service, the affected public agencies or departments shall submit their extraordinary service related costs, fees, charges and expenses to the Township Supervisors 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 Township Supervisors 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 Township within the thirty-day period, the Township Supervisors shall hereby authorize the Township 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 monies received under the provisions of this Part shall be placed into the general fund and reimbursement made to all public and private-sector departments or agencies who had submitted related costs, fees, charges and expenses for providing an extraordinary service as outlined herein.
[Ord. No. 17.3, 9/10/1991, § 4]
1. 
The Township may enforce the provisions of this Part 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.
2. 
The remedies provided in this Part shall be in addition to any other remedies or penalties provided by law.
[Ord. No. 17.3, 9/10/1991, § 5]
Nothing in this Part shall authorize any Township 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 Township for extraordinary services.