[Ord. 7872, passed 8-28-2008]
(a)
The City of New Castle wishes to provide for reimbursement for any
and all City Departments for any costs and/or expenses incurred by
these Departments for hazardous material incidents by submitting claims
to the person, property owner, partnership, business, firm, corporation,
organization and/or their insurance carrier.
[Ord. 7872, passed 8-28-2008]
For the purpose of this article, "Hazardous Materials" shall
be defined as any substance or materials in a quantity or form which,
in the determination of the Fire Chief, City Emergency Management
Coordinator, Lawrence County Emergency Management Director, or their
authorized representative, pose an unreasonable and imminent risk
to the life, health, or safety of persons or property or to the ecological
balance of the environment, and, shall include, but not be limited
to, such substances as explosives, flammable liquids, solids and gasses,
radioactive materials, poisons, etiologic (biologic) agents, corrosives,
petroleum products, oxidizers, organic pesticides, other regulated
materials, and hazardous waste or materials listed in the hazardous
substances list of the Pennsylvania Department of Labor and Industry,
and/or the United States Department of Health and Human Services "Registry
of Toxic Effects of Chemical Substances" manual.
[Ord. 7872, passed 8-28-2008]
(a)
The Fire Chief or their designee is authorized to clean up, abate,
or affect the clean-up or abatement of any hazardous materials or
substances deposited upon or into properties or facilities within
the municipal boundaries of the City of New Castle or having a direct
or identifiable effect on persons or property within the municipal
boundaries of the City of New Castle, including but not limited to,
traffic control, evacuation, relocation, substance monitoring, decontamination,
establishment of medical care services, and all other costs incurred
in the mitigation of the emergency situation; and any person, property
owner, partnership, business, firm, corporation, or organization who
intentionally, accidentally, or negligently caused such deposit shall
be liable for all fees and costs incurred by the City of New Castle.
(b)
Any person, property owner, partnership, business, firm, corporation,
or organization that is rendered service under this article shall
provide the New Castle Fire Department with the following information:
[Ord. 7872, passed 8-28-2008]
(a)
In the event of a hazardous materials incident requiring the response
of the New Castle Fire Department, New Castle Police Department, New
Castle Department of Public Works and/or others to control said incident,
the transporter (carrier, trucking company, etc.), person, property
owner, partnership, business, firm, corporation, or organization shall
be liable to the City of New Castle for payment of all costs and expenses
of the City and its Departments incurred in and about the use of employees,
apparatus, equipment, and materials in the control and/or neutralization
of said incident.
(b)
Following the conclusion of a hazardous materials incident, if special
Hazmat actions were required, then the Fire Chief shall prepare a
detailed listing of all known City expenses and forward an invoice
to the responsible party for payment. The invoice shall demand full
payment within 30 days of billing. Any additional expense related
to that incident that becomes known to the Fire Chief following the
transmittal of the initial bill to the responsible party, shall be
billed in the same manner on a subsequent bill to the responsible
party. Any amounts due that remain unpaid 30 days after the date of
billing shall have imposed a late charge thereon at the maximum rate
permitted by law until said account shall be paid in full.
(c)
For the purposes of this section, costs incurred by the City of New
Castle shall include, but not be limited to, the following, actual
labor costs of City of New Castle personnel, including worker's
compensation benefits, fringe benefits, cost and operation of equipment,
costs of special fire extinguishing agents used, the cost of special
protective clothing, materials and supplies, and the cost of any contracted
labor, equipment, and materials.
(d)
This article shall be construed to accomplish its purpose to compensate
and/or reimburse the City the costs and/or expenses incurred by City
Departments according to the following fee schedule:
(1)
Vehicle leaking fuel clean-up < 50 gal.: $50.
(2)
Equipment usage fees:
A.
$150 per hour, or fraction thereof, for each pumper required,
in the opinion of the officer in command, to stand by at the hazardous
materials incident. For each hour, or fraction thereof, that the pumps
are activated, an additional sum of $50 per hour shall be charged.
B.
$100 per hour, or fraction thereof, for each Special Operations
Unit required, in the opinion of the officer in command, to be utilized
in responding to the hazardous materials incident.
C.
$150 per hour, or fraction thereof, for each Aerial Truck required,
in the opinion of the officer in command, to be utilized in responding
to the hazardous materials incident. For each hour, or fraction thereof,
that the pumps are activated, or the boom is elevated an additional
sum of $50 per hour shall be charged.
D.
$75 per hour, or fraction thereof, for each Police Vehicle required,
in the opinion of the officer in command, to be utilized in responding
to the hazardous materials incident.
E.
$100 per hour, or fraction thereof, for each additional City
Fire Department or City support vehicle required, including but not
limited to command vehicles, air units, dump truck, backhoes, payloaders,
etc., in the opinion of the officer in command, to be utilized in
responding to the hazardous materials incident.
(3)
Replacement costs for equipment that is contaminated beyond
re-use or repair (such as uniforms, clothing, communications equipment,
turn-out gear, self-contained breathing apparatus, etc.).
(4)
All personnel related expenses incurred by the City, including
but not limited to wages, overtime, salaries, fringe benefits and
insurance for full-time and part-time firefighters and police officers,
regular and overtime pay and related fringe benefit costs for hourly
employees. These personnel-related expenses shall commence when City
of New Castle personnel has begun responding to the Incident and shall
continue until all City personnel have concluded hazardous materials
incident-related responsibilities and the incident is deemed terminated.
(5)
The cost of extinguishing agents, supplies, and water from municipal
water systems.
(6)
Expenses of decontaminating and cleaning equipment.
(7)
Technical consulting services specifically required as a result
of the Incident, including but not limited to technical experts or
specialists not otherwise available from the City.
(8)
Charges to the City imposed by any local, state or federal government
entities related to the hazardous materials incident.
(9)
Laboratory costs of analyzing samples taken during the Incident.
(10)
Costs of cleanup, storage or disposal of the released Hazardous
Material.
(11)
Medical and hospital expenses incurred as a result of the Incident.
(12)
Legal, engineering, accounting, billing, collection and other
administrative expenses incurred as a result of the Incident, including
but not limited to efforts to recover expenses pursuant to this Ordinance.
[Ord. 7872, passed 8-28-2008]
Nothing in this article shall be interpreted to authorize the
New Castle Fire Department or any City Department to refuse or delay
any emergency service to any City person, firm, business, organization,
or corporation, due to lack of insurance coverage or ability to pay
for said services.
[Ord. 7872, passed 8-28-2008]
Should any provision or part of this article be declared by
any court of competent jurisdiction to be invalid or unenforceable,
the same shall not affect the validity or enforcement of the balance
of this article, which shall remain in full force and effect.
[Ord. 7872, passed 8-28-2008]
All ordinances or parts thereof inconsistent with the provisions
of this ordinance shall be and are hereby repealed.
[Ord. 7872, passed 8-28-2008]
Notwithstanding any provisions to the contrary, whoever fails to cooperate with providing any information required pursuant to this article, shall be punished as provided in Section 101.99 of the Administrative Code.
