[Ord. 96, --/--/----, § 1]
West Cocalico Township hereby authorizes the aforesaid companies
to recover the reasonable response costs (including, but not limited
to: materials, administrative, personnel, and legal costs incurred
from its initial response up to the time of recovery of same) as authorized
from time to time by the Hazardous Material Emergency Planning and
Response Act, 35 P.S. § 6022.101 et seq., but subject to
the restrictions and procedures set forth therein.
[Ord. 96, --/--/----, § 2]
Pursuant to its rule making authority granted by the Second
Class Township Code, 53 P.S. § 65101 et seq., the Township's
volunteer fire companies are hereby authorized and instructed to recover
the reasonable costs (including, but not limited to: the fair market
value of any of such company's materials, equipment, or apparatus
which may be expended, consumed, or destroyed, as well as the reasonable
costs incurred to repair damage inflicted upon same) involved in traveling
to, returning from, or attending an automobile incident or accident
or hazmat incident. Where not determined by actual repair costs or
fair market value, the aforesaid companies shall follow the current
Lancaster County Fire Chiefs Association Cost Recovery Fee Schedule
for vehicle related incidents which is in effect at the time of the
incident.
[Ord. 96, --/--/----, § 3]
Except as may be provided by law or contract, any insurance
maintained by a Township volunteer fire company shall remain the primary
source for compensation as the result of any damage or injury to such
fire company's personnel, equipment or apparatus. Any fire company
suffering damage as aforesaid shall have the discretion to abandon
a claim against a responsible party in the event that it has been
fully compensated by proceeds from its own insurance company and is
further satisfied that it will not, as a result of abandoning such
claim, suffer any economic detriment. This section is not intended
to abrogate any responsibility imposed upon a volunteer fire company
or an insurance carrier under an applicable insurance policy maintained
by such volunteer fire company. Any provision contained in this Part
which would have the result of preventing such fire company from recovering
insurance proceeds under any insurance policy maintained by that volunteer
fire company that would exceed damages recoverable from a responsible
party shall be deemed inapplicable.
[Ord. 96, --/--/----, § 4]
All applicable costs and damages as aforesaid shall be assessed
against the responsible party. The responsible party shall be deemed
to be the party, and such party's employer if the vehicle was
either owned by an employer, or being operated in the course of such
employer's business, who is determined to be responsible in an
applicable police incident report. In a one-vehicle incident, the
responsible party shall be deemed to be the driver and his employer
as aforesaid. In the event the police report does not identify a responsible
party, then all drivers (and employers) involved in the incident shall
be deemed jointly and severally liable as aforesaid.
[Ord. 96, --/--/----, § 5]
The involved Township volunteer fire company shall advise the
Township of the amount required for reimbursement, and shall supply
the Township with a copy of the applicable police report as soon alter
the incident as reasonably possible. The Township shall make a written
assessment upon the person or persons it determines to be the responsible
party as aforesaid, as soon as reasonably possible alter the costs
and the responsible party have been determined. In the event that
the designated responsible party or parties shall deny responsibility
or otherwise refuse to remit the assessment within 60 days of posting
of such assessment, the Township volunteer fire company is hereby
authorized to initiate legal proceedings to collect the amount assessed
in a court of competent jurisdiction. All monies received pursuant
to an assessment shall be forwarded to the applicable fire company
within 30 days.
[Ord. 96, --/--/----, § 6]
The Township Solicitor is authorized to provide such assistance
as the fire company shall require in order to collect an assessment.
In regards to a hazmat incident, such reasonable costs incurred for
the Solicitor shall be included within the assessment.
[Ord. 96, --/--/----, § 7]
The fire company shall have the right to waive a claim for assessment
in any case it deems the losses to be either de minimus or where the
cost for litigation would reasonably be expected to exceed the assessment
to be collected.
[Ord. 96, --/--/----, § 8]
The companies shall attempt, to the greatest degree possible,
to standardize their procedures in regard to actions taken pursuant
to this Part.
[Ord. 96, --/--/----, § 9]
Nothing in this Part shall be deemed to impose any liability
or responsibility upon West Cocalico Township except as specifically
set forth above. All filing fees and costs of litigation, except for
the services of the Township Solicitor, shall be the responsibility
of the companies.
[Ord. 96, --/--/----, § 10]
The companies shall be issued a police report for any incident
in which either are involved as soon as reasonably possible, at no
charge.
[Ord. 96, --/--/----, § 11]
The Township may from time to time, by resolution, adopt a schedule
of costs to be assessed as a result of an automobile or hazmat incident,
which upon adoption shall supersede the Fire Chiefs' schedule
as aforesaid.
