[HISTORY: Adopted by the Borough Council of the Borough of
Lansford as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-5-1998 by Ord.
No. 98-4]
As used in the article, the following terms shall have the meanings
indicated unless a different meaning clearly appears from the context:
Those expenses and those related costs and fees that are
incurred by the Borough, local, state or federal department or agency,
emergency services organization and from the private sector for actual
costs or charges for labor, materials, and any other 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 a fire, or release into the air, ground
or water, or the potential threat of any release of fire, and any
and all activities associated with the implementation of a protection
action (i.e., evacuation) to protect the public health, safety and
welfare.
A service performed by any Borough departments or employees,
or any public or private sector organization, agency or company directly
associated with mitigating the hazard or potential hazard involved
in providing services to implement a protection action.
"Extraordinary services" may include, but is not limited
to, the abatement and disposition of hazardous materials, spills,
releases, or the treat 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 paragraph above. The cost
of labor shall include the actual wage rates, including fringe benefits
paid by the Borough of Lansford to its employees, the Borough local
emergency management coordinator and deputy coordinator and actual
wage rates including benefits paid to volunteer firefighters and ambulance
personnel by their private employer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The Council of the Borough shall collect all fees as follows:
(1)
Fees and costs (including overhead costs) shall encompass all personnel,
equipment, fuel, materials and maintenance expenses in such a form
as to insure for full reimbursement for charges from both the public
and private sectors actually rendered.
(2)
A particular cost or fee schedule need not be set forth in this section
or elsewhere in the Borough ordinance or by further formal action
by the Borough Council. The Borough Council's approval of this section
shall constitute authorization for the Council to collect all such
fees and costs (including overhead costs) pursuant to the receipt
of related expenditures or costs that are submitted to the Borough
by affected public and private bureaus, agencies, departments or companies.
B.
Within 30 days of the date of the extraordinary or dangerous occurrence
giving rise to the extraordinary service, the affected public agencies,
departments or private companies shall submit its extraordinary service
related costs, fees, charges and expenses to the Borough for review.
At such time as all costs, fees, charges and expenses related to the
extraordinary services shall 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 Borough Council
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 full
remittance be made within 30 days of receipt.
C.
In case of hardship, or where circumstances are such that a full
remittance cannot be made to the Borough within the thirty-day period,
the Borough Council shall hereby authorize the Borough 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 article shall be
placed into the general fund and reimbursement be 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.
In the event of a spill, leak or fire involving petroleum, chemicals
and/or hazardous materials, if the shipper, carrier or owner of said
products does not have a contract with a professional hazardous materials
cleanup crew (DEP-EPA approved), and/or if such conditions warrant,
the Borough of Lansford Local Emergency Management Coordinator and/or
the designated deputy or the Borough of Lansford's Fire Chief or assistants
shall have the authority to contact a private firm for cleanup, control,
extinguishment and, not limited to, the disposal of said hazardous
products or substance.
The Borough may enforce the provisions of this article 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.
Nothing in this article shall authorize any Borough 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 Borough for extraordinary services. Furthermore, nothing in this
article shall be construed to demand reimbursement to the Borough
for those municipal services that are normally provided to the Borough
residents and others as a matter of the Borough's general operating
procedure and for which the levying of taxes, or the demand for reimbursement
is normally made.
This article shall be effective upon enactment.
