[Adopted 7-17-1997 by Ord. No. 1217 (Ch. 18B of the 1966 Code)]
Any person who intentionally, negligently, accidentally or otherwise
causes a motor vehicle accident, hazardous material or substance spill
or any other act or omission necessitating the providing of emergency
services by the Borough of Clearfield or the Clearfield Borough Volunteer
Fire Department (Fire Department) within the boundaries of the Borough
or the service area of the Fire Department shall be liable for all
costs incurred by the Borough and/or the Fire Department as a result
of such accident, spill or other act or omission. The remedy provided
by this article shall be in addition to any other remedies provided
by law.
For the purpose of this article, "hazardous materials" shall
be defined as any substances or materials in a quantity or form which,
in the determination of the Emergency Management Coordinator or other
authorized representative of the Borough, poses 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, radioactive
materials, petroleum products or gasses, poisons, etiologic (biologic)
agents, flammable corrosives or materials listed in the hazardous
substances list of the Pennsylvania Department of Labor and Industry.
The authority to recover costs under this article shall not
include actual fire suppression services which are normally or usually
provided by the Fire Department.
For purposes of this article, the charges for use of the Borough
and Fire Department emergency services equipment, materials and personnel
shall be established by resolution of the Borough Council.
In the event that any provision, section, sentence, clause or
part of this article shall be held to be invalid, such invalidity
shall not affect or impair any remaining provision, section, sentence,
clause or part of this article, it being the intent of the Borough
that such remainder shall be and remain in full force and effect.
Except as specifically provided herein, all other prior ordinances
or parts of ordinances that conflict with or are inconsistent with
the provisions of this article are hereby repealed.