[HISTORY: Adopted by the Board of Supervisors of the Township of Paradise 4-13-1999 by Ord. No. 125 (Ch. 10, Part 5, of the 1987 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
DANGEROUS RELEASE
An occurrence involving hazardous material or a hazardous substance that is or may be involved in a fire or release into the air, ground or water or the threat of any potential release or fire which requires a halting or detouring of traffic or an evacuation of persons or animals from an area to ensure the health, safety and welfare of persons or their property.
EXTRAORDINARY EXPENSES
Those expenses, costs and fees that are incurred by the Township, local agency, state or federal department or agency, emergency services organization and from the private sector for actual costs or charges for labor, materials or damaged or destroyed equipment in responding to a dangerous occurrence. These are, by example, any costs associated with the use of fire-extinguishing equipment or abatement agents, 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 threat of any potential release or fire and any and all activities associated with the implementation of a protection action (i.e., detour, evacuation) to protect the public health, safety and welfare. The cost of labor shall include the actual rates, including fringe benefits, paid by the Township to its employees, the Township Local Emergency Management Coordinator and Deputy Coordinator and actual wage rates, including benefits paid, to volunteer firefighters and ambulance personnel by their private employer.
EXTRAORDINARY SERVICES
A service performed by any Township department or employees or public or private sector organization, agency or company directly associated with mitigating the hazard or potential hazard of a dangerous occurrence or involved in providing service to implement a protection action. Extraordinary services may include, but are not limited to, the abatement and disposition of hazardous materials, spills, releases or the threat of spills or releases of hazardous materials, utility line breaks or leakages, and other imminent perceived or potential threats to the health, safety and welfare of the public may be detailed or contemplated in the definition of "extraordinary expenses" above.
HAZARDOUS MATERIALS
Petroleum and its derivatives, explosives, flammables, acids, oxidizing chemicals, poison gases, defoliants and any materials or substances regarded and defined as hazardous by the Pennsylvania Department of Environmental Protection or its successor agency.
PROTECTIVE ACTION
An action such as traffic control, detours or evacuation taken by the Township or by other officials or agencies in order to protect the public health, safety and welfare.
The Township shall impose and collect from the person, partnership, corporation or other entity responsible for a dangerous occurrence the following costs, expenses and fees incurred:
A. 
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 for services actually rendered.
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 the extraordinary-service-related costs, fees, charges and expenses to the Township for review. At such time as all costs, fees, charges and expenses related to the extraordinary services 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 shall submit a bill for all costs, fees, charges and expenses to the owner, agent or manager of the vehicles or fixed facility which caused the dangerous occurrence requiring extraordinary services, with a demand that a full remittance be made within 30 days of receipt.
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 conditions warrant, the Township Board of Supervisors shall have the authority to contact a private firm for cleanup, control, containment or extinguishment and shall not be limited to the disposal of said hazardous products or substances.
The Township may enforce the provisions of this chapter by civil action in a court of competent jurisdiction for the collection of any amounts due here under plus attorneys fees and costs or for any other relief that may be appropriate.
Nothing in this chapter shall authorize any Township 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. Furthermore, nothing in this section shall be construed to require reimbursement to the Township for those municipal services normally provided to the Township residents and others as a matter of the Township's general operating procedure and for which the levying of taxes or for which the demand for reimbursement is normally made under the provisions of other Township ordinances.