As used in this chapter, the following terms shall have the meanings
indicated:
DANGEROUS INCIDENT
Any incident which creates a condition or circumstance which places
any person or persons in a position of imminent danger of injury or death,
or which presents a substantial threat or risk of injury to the public at
large, including but not limited to environmental injury, or to the life,
limb or property of innocent third parties, including public property, such
that immediate and emergency action by any one or more public agency(s) is
required in order to prevent, abate or mitigate such injury or harm.
HAZARDOUS INCIDENT
Any incident that occurs in the course of or as a result of the storage,
transportation, use, manufacturing, processing or discharging of any substance
identified by the United States Department of Environmental Protection and/or
the Pennsylvania Department of Environmental Protection, or their respective
successors, as a dangerous, hazardous, potentially dangerous or potentially
hazardous substance within the meaning and definition of those terms as defined
in the Code of Federal Regulations and Pennsylvania Code respectively, which
poses any threat to the public health and welfare and which necessitates either
or both of the following actions:
A.
The intervention of the Bern Township Police Department, the Greenfields
Fire Company, Mt. Pleasant Fire Company, Leesport Borough Fire Company or
any of the emergency action or management agencies or services which may assist
the Township of Bern, local or state law enforcement agencies or emergency
response teams, including state environmental law enforcement personnel; or
B.
The need for containment, cleanup or abatement measures to be performed by Bern Township employees or other personnel from the responding agencies or organizations set forth in Subsection
A, which results in expense of public funds by Bern Township.
PERSONAL RESCUE
The extrication or removal of any person or persons from circumstances
or conditions within the definition of "dangerous incident" or "hazardous
accident" as set forth above.
PUBLIC THOROUGHFARE
Any public street, road, alley, right-of-way, driveway, bridge, parking
lot, shopping center or navigable waterway to which the public has access
for travel, parking or assembly.
Costs which are recoverable under §
98-2 of this chapter include the following:
A. The actual cost of emergency materials expended or utilized
by township, fire or emergency medical personnel.
B. The cost of materials or equipment obtained or ordered
from third-party suppliers or other municipal or emergency agencies or organizations.
C. The cost of any contractual labor and/or materials employed
for cleanup or abatement.
D. The actual overtime labor costs of township personnel,
including benefits and administrative overhead, whose response and presence
is ordered or required by the emergency management coordinator, the Chief
of Police, any Fire Chief in charge of the scene or any authorized employee
of the Commonwealth of Pennsylvania.
E. The actual cost of repair to any township roadway, facility,
equipment or related instrumentality.
F. The actual cost of engineering, environmental or legal
consultants who are retained for the purpose of preparing official reports
to governmental agencies of the occurrence of and activities associated with
the hazardous and/or dangerous incident.
All costs recoverable hereunder shall be billed through the office of
Township Secretary to all persons or entities liable for repayment and reimbursement
as herein provided. Payment shall be required within 30 days of the billing
date and in default thereof, interest shall accrue on the unpaid balance at
the rate of 11/2% per month. In the event formal legal action is taken to
recover sums overdue from the persons or entities liable, said person, persons
or entities shall be liable for the payment of all reasonable legal fees and
related costs of recovery necessarily incurred by the township in enforcing
the provisions hereof.