[HISTORY: Adopted by the Board of Supervisors of the Township of Bern 4-18-1995 by Ord. No. 142. Amendments noted where applicable.]
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.
A. 
Any person or entity which owns, leases, occupies or controls a premises upon which a hazardous incident occurs shall be responsible for payment or reimbursement of all costs that are incurred by the public agency or agencies in the course of responding to such incident, including but not limited to volunteer fire-fighting organizations and public departments such as police and road maintenance. Nothing herein shall operate to prevent any such person or entity from recovering said costs from any party legally responsible for the occurrence of such hazardous incident.
B. 
Any person or entity which owns, leases, occupies or controls a motor vehicle or other object that is involved in a dangerous incident on any public thoroughfare, as such terms are defined by this chapter, or any person or entity which owns, leases, occupies or controls a structure or premises upon which a dangerous incident occurs shall be responsible for payment or reimbursement of all costs that are incurred by the public agency or agencies in the course of responding to such incident, including but not limited to volunteer fire-fighting organizations and public departments such as police and road maintenance. Nothing herein shall operate to prevent any such person or entity from recovering said costs from any party legally responsible for the occurrence of such dangerous incident.
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.