[HISTORY: Adopted by the Board of Supervisors of the Township of Polk 5-18-2020 by Ord. No. 2020-04[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 190, Emergency Services Reimbursement, adopted 6-28-1999 by Ord. No. 1999-02.
A. 
Pursuant to 53 P.S. § 66803(d), Polk Township has recognized and appointed the Polk Township Fire Company as the designated fire company within Polk Township; and
B. 
Pursuant to 53 P.S. §§ 66803(b) and 66553, Polk Township, Monroe County, Pennsylvania, has the authority to make rules and regulations for the governing of fire services and emergency services within Polk Township; and
C. 
The Polk Township Fire Company responds to hazardous material incidents, environmental incidents, fire, safety, and rescue incidents; and
D. 
Polk Township recognizes that the duties of the Polk Township Fire Company require specialized tools for fire suppression, safety, and rescue responses, hazardous material abatement equipment, and environmental incident abatement and remediation. Polk Township recognizes that such tools and equipment place a financial burden on the Polk Township Fire Company, and the replacement of such materials adds to the financial burden for said Fire Company; and
E. 
The Board of Supervisors of Polk Township intends by this chapter to recognize the authority of the Polk Township Fire Company to seek collection and reimbursement for the reasonable costs of responding to such incidents, whether within or outside Polk Township, when responding directly, upon dispatch by the Monroe County Department of Public Safety Central Dispatch, through response under mutual aid agreements, or in coordination with the Township, county, commonwealth, or Federal Office of Emergency Management.
A. 
Polk Township authorizes the Polk Township Fire Company to recover the reasonable cost of emergency rescue tools, equipment, and materials, hazardous material abatement tools, equipment, and materials used or expended in the response to any hazardous material, environmental, fire, safety, and/or rescue incident or operation, including vehicular accidents.
B. 
The reasonable costs incurred by the Polk Township Fire Company may be recovered directly by said Fire Company or through a third-party billing service as an authorized agent for the collection of such costs.
C. 
The Polk Township Fire Company and any third-party billing service shall only have the authority to recover the aforementioned costs from an applicable insurance company/carrier, and not any individual or other entity, unless such individual or entity volunteers or agrees to reimburse the said costs.
D. 
The reimbursement rates for the aforementioned tools, equipment, and materials shall be as set by the Polk Township Fire Company, from time to time, and shall be only applied to the recovery of applicable costs. No recovery shall be made for any manpower or personnel, except as may otherwise be permitted by the Pennsylvania Hazardous Materials and Emergency Planning and Response Act, 35 P.S. § 6022.210, or as otherwise authorized by any statute, case law, or common law.
E. 
In addition to the aforementioned recoverable costs, Polk Township and/or the Polk Township Fire Company, or any third-party billing service, shall be authorized to collect reasonable interest, collection fees, attorney fees, as well as reasonable administrative fees for collecting the same, and any and all additional fees as may be authorized by the Hazardous Materials and Emergency Planning and Response Act, or as authorized by any other statute or law.
Except for recovery of costs incurred by the Township, the Township shall not be responsible for any aspect of the recovery costs set forth under this chapter. The Township shall have no obligation to assist the Fire Company, or any third-party billing service, in the recovery of costs set forth under this chapter.