[HISTORY: Adopted by the Board of Supervisors of the Township
of Weisenberg as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-20-1989 by Ord. No. 89-2]
This article shall be known as the "Petroleum and Chemical Spill
Ordinance of the Township of Weisenberg".
All "whereas" clauses as set forth above are incorporated herein
by reference.[1]
[1]
Editor's Note: "Whereas" clauses of the ordinance are on file
with the original ordinance in the Township Clerk's office.
The owner of petroleum, chemicals, or the common carrier of
any type whatsoever, including pipelines carrying said petroleum or
chemicals, shall be responsible for the control, extinguishment, or
cleanup of petroleum or chemicals spills, releases or fire involving
said petroleum or chemicals in the Township of Weisenberg. In the
event of the failure of the owner or common carrier, including pipelines,
to control, extinguish or clean up any spill, fire or release, those
fire departments serving Weisenberg Township at that time may perform
the necessary work and bill such person to compensate for both direct
and indirect costs and expense, including, but not limited to special
equipment and materials used and labor costs incurred.
The special equipment or material used by the fire departments
for which any owner or common carrier will be responsible may include,
but is not limited to the following:
The cost of labor shall include the actual wage rates, including
fringe benefits, paid to any personnel involved in the extinguishing
of any extraordinary fire or in cleaning up any extraordinary spill
or release involving chemicals or petroleum. The owner or common carrier
of any petroleum or chemicals, including pipeline as aforesaid, shall
also be liable for the cost of any temporary storage of chemicals
or petroleum materials or the cost of disposing of the same.
A.
Bills for the amount of the above-described costs shall be submitted
by the fire departments to Weisenberg Township, who shall in turn
bill the above-described liable party. If payment is not made by the
liable party in full within 30 days from the date of mailing of the
invoice to that person, then the Township shall have the right to
proceed in law or equity to collect those monies due plus any fees,
costs and reasonable attorneys' fees expended in that regard. The
Township retains all discretion in whether to pursue collection efforts
and in no way obligates the Township of Weisenberg to reimburse the
fire departments for costs incurred.
B.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If any section, subsection, paragraph, sentence, clause or phrase
of this article shall be declared invalid for any reason whatsoever,
such decision shall not effect the remaining portions of this article,
which shall remain in full force and effect and, for this purpose,
the provisions of this article are hereby declared to be severable.
All ordinances and parts of ordinances inconsistent herewith
be and the same are, hereby repealed.
The provisions of this article shall become effective five days
from the enactment of this article.
[Adopted 6-10-2013 by Ord. No. 13-3]
A.
A fee schedule is attached, made a part hereof and marked as Exhibit
"A."[1] If any item or resource is not specifically listed on
the fee schedule, then a receipt from the vendor, contractor and/or
other third-party service provider will be provided along with the
bill. Special equipment used directly by the fire company or Township
shall be billed out per the current FEMA Schedule of Equipment Rates.
Bills for vendors, contractors and/or other third-party service providers
will be paid at cost plus any interest, administrative fees, late
fees and/or any additional costs and fees associated with the same.
See Exhibit "A."
[1]
Editor's Note: The current fee schedule is on file in the
Township offices.
B.
The schedule may be expressed in terms of hours, gallons, or any
other convenient or regularly used unit of measurement.
C.
The schedule shall be based upon and reflect either the actual experienced
or likely projected costs and expenses as incurred by the fire company
for such operations and responses to accidents and incidents, as best
as the fire company is able to compute and establish those amounts.
D.
The schedule may include a minimum fee for any one or more classes
or items, and may also include a percentage add-on for overhead and
handling.
E.
All such schedules shall specifically include a general item in the
following, or substantially similar language: "All costs of collection
of these fees, including court costs and reasonable attorneys' and
witness fees and expenses, will be additional if further collection
actions are necessary because of delinquent payment."
All such proposed incident fee schedules shall be subject to
review and approval by the Board of Supervisors, which may in its
discretion add to, alter, amend, change, or revise any item or class
of fees. Unless otherwise specified or acted upon by the Board of
Supervisors, the current FEMA Schedule of Equipment Rates shall govern.
The proposed incident fee schedule, as it may be amended, shall become
effective five days after approval by the Board of Supervisors by
a duly authorized resolution.
Thereafter, the incident fee schedules may be updated and amended
in like manner from time to time, upon either a written request by
the Board of Supervisors or receipt of a written submission from the
fire company.
A.
For all accidents or incidents to which the fire company responds,
including both those within Weisenberg Township and those which occur
on or outside of the several boundary roads of the Township to which
the fire company responds pursuant to a "mutual aid" agreement or
otherwise, the officers of the fire company are hereby authorized,
empowered, and directed to collect fees for the response to those
accidents and incidents by the fire company, in accordance with the
currently approved incident fee schedule, from either any person or
persons who are involved in such accident or incident or any insurance
company or other person who is or may be financially responsible or
legally liable therefor.
B.
Costs, expenses and fees authorized pursuant to this article shall
be charged, collected and recovered by the fire company, the fire
police, the emergency medical service provider, the Township and/or
their appointed designee or agent.
A.
The officers of the fire company, the fire police, the emergency
medical service provider and the Township are also hereby authorized,
empowered, and directed to compromise, settle, waive, modify, reduce,
and discharge such incident fees, when, in their opinion, such action
is justifiable or reasonable under the circumstances, which may include
but are not limited to cases where or when:
B.
Failure of the fire company, the fire police, the emergency medical
service provider and/or the Township to exercise, or any delay in
the Township exercising, any right or remedy provided under this article
or by law shall not constitute a waiver of that or any other right
or remedy, nor shall it preclude or restrict any future exercise of
that or any other right or remedy under this article.
A report of the amounts and collections of all such incident
fees shall be included within the annual report which is required
to be made to the Township Supervisors for each completed fiscal year
of the Township by the fire company, including any waivers or reductions
as aforesaid.
All ordinances conflicting or inconsistent with the provisions
of this article are hereby repealed.
The provisions of this article shall be severable, and if any
provision hereof shall be declared unconstitutional, illegal or invalid,
such decision shall not affect the validity of any of the remaining
provisions of this article. It is hereby declared as a legislative
intent of the Township that this article would have been amended as
if such unconstitutional, illegal or invalid provision or provisions
had not been included herein.
The provisions of this article shall become effective on the
fifth day following enactment.
