[HISTORY: Adopted by the Board of Supervisors of
the Township of Wright 11-13-1990 by Ord.
No. 114. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Those expenses and those costs and fees that are incurred
by the township, local, state or federal department or agency, emergency
services organization and the private sector for actual costs or charges
for labor, materials and any other costs associated with the use of
specialized extinguishing or abatement agents, chemical neutralizers
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 the release into the air,
ground or water, or the potential threat of any release or fire, and
any and all activities associated with the implementation of a protective
action (i.e., evacuation) to protect the public health, safety and
welfare.
A service performed by any township departments or employees
or any public or private sector organization, agency or company directly
associated with mitigating the hazard or potential hazard or involved
in providing services to implement a protective 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 or perceived or potential threats to the health, safety
and welfare of the public that may be detailed or contemplated in
the definition of "hazardous material."
Those substances appearing on an official list of hazardous
substances compiled by the Pennsylvania Department of Labor and Industry
under the provisions of Section 3 of Act Number 159, October 5, 1984,
P.L. 734, known as the "Worker and Community Right to Know Act."[1]
[1]
Editor's Note: See 35 P.S. § 7301 et seq.
The Supervisors of the township shall collect all fees as follows:
A.
Fees and
costs (including overhead costs) shall encompass all personnel, equipment,
materials and maintenance expenses in such a form as to insure the
full reimbursement for charges from both the public and private sectors
for services actually rendered and material procured. A particular
cost or fee schedule need not be set forth in this section or elsewhere
in the township's ordinances or by further formal action by the Township
Supervisors. The Township Supervisors approval of this section shall
constitute authorization for the Supervisors to collect all such fees
and costs (including overhead costs) pursuant to the receipt of related
expenditures or costs that are submitted to the township by affected
public and private bureaus, agencies, departments or companies.
B.
Within thirty
(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 their extraordinary
service related costs, fees, charges and expenses to the Township
Supervisors for review. At such time as all costs, fees, charges and
expenses related to the extraordinary service have been collected
and reviewed, but in any case not later than sixty (60) days from
the date of determining the combined cost of rendering extraordinary
services, the Township Supervisors 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 a full remittance be made within thirty (30) days
of receipt.
C.
In cases
of hardship or where circumstances are such that a full remittance
cannot be made to the township within the thirty-day period, the Township
Supervisors shall hereby authorize the Township Solicitor to enter
into negotiations with the owner or his or her agent for an extended
payback period time not to exceed six (6) months.
D.
All moneys
received under the provisions of this chapter shall be placed into
the general fund, and reimbursement shall be made to all public and
private sector departments and agencies who had submitted related
costs, fees, charges and expenses for providing an extraordinary service
as outlined herein.
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 hereunder plus attorneys' fees or for any other relief
that may be appropriate.
Nothing in this chapter shall authorize any township bureau,
department or personnel staff members to refuse or delay an emergency
service to any person, firm, organization or corporation which has
not reimbursed the township for extraordinary services. Furthermore,
nothing in this chapter shall be construed to demand reimbursement
to the township for those municipal services that are normally provided
to township residents and others as a matter of the township's general
operating procedure and for which the levying of taxes or the demand
for reimbursement is normally made.
