[HISTORY: Adopted by the Borough Council
of the Borough of Mount Pocono as indicated in article histories.
Amendments noted where applicable.]
[Adopted 3-1-1999 by Ord. No. 4-1999]
As used in this article, the following terms
shall have the meanings indicated:
An occurrence involving hazardous material or a hazardous
substance that is or may be involved in a fire, or release into the
air, ground, or water, or the threat of any potential release or fire
which requires a halting or detouring of traffic or an evacuation
of persons or animals from an area to insure the health, safety, and
welfare of persons or their property.
Those expenses, costs, and fees that are incurred by the
Borough, local agency, state or federal department or agency, emergency
services organization and from the private sector for actual costs
or charges for labor, materials, or damaged or destroyed equipment
in responding to a dangerous occurrence. These are by example any
costs associated with the use of fire extinguishing equipment or abatement
agents, chemical neutralizer 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 release into the air, ground, or water, or the threat
of any potential release into the air, ground, or water or the threat
of any potential release or fire, and any and all activities associated
with the implementation of a protection action (i.e., detour, evacuation)
to protect the public health, safety, and welfare. The cost of labor
shall include the actual rates, including fringe benefits, paid by
the Borough to its employees, the Borough local emergency management
coordinator and deputy coordinator and actual wage rates, including
benefits paid, to volunteer fire fighters and ambulance personnel
by their private employer.
A service performed by any Borough departments or employees,
or any public or private sector organization, agency or company directly
associated with mitigating the hazard or potential hazard of a dangerous
occurrence, or involved in providing service to implement a protection
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 may be detailed
or contemplated in the definition of "extraordinary expenses" above.
Petroleum and its derivatives, explosives, flammables, acids,
oxidizing chemicals, poison gases, defoliants, and any materials or
substances regarded and defined as hazardous by the Pennsylvania Department
of Environmental Protection or its successor agency.
An action such as traffic control, detours, or evacuation
taken by the Borough or by other officials or agencies in order to
protect the public health, safety, and welfare.
The Borough shall impose and collect from the
person, partnership, corporation or other entity responsible for a
dangerous occurrence the following costs, expenses, and fees incurred:
A.
Fees and costs (including overhead costs) shall encompass
all personnel, equipment, fuel, materials and maintenance expenses
in such a form as to insure for full reimbursement for charges from
both the public and private sectors for services actually rendered.
B.
Within 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 Borough for review. At such time as all costs, fees,
charges, and expenses related to the extraordinary services have been
collected and reviewed, but in any case not later than 60 days from
the date of determining the combined cost of rendering extraordinary
services, the Borough 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 dangerous occurrence requiring extraordinary
services, with a demand that a full remittance be made within 30 days
of receipt.
C.
All monies received under the provisions of this article
shall be placed into the general fund and reimbursement be made to
all public and private sector departments or agencies who had submitted
related costs, fees, charges, and expenses for providing an extraordinary
service as outlined herein, either in full or pro rata as the funds
recovered allow.
In the event of a spill, leak, or fire involving
petroleum, chemicals and/or hazardous materials, if the shipper's
carrier or owner of said products does not have a contract with a
professional hazardous materials cleanup crew (DER-EPA approved),
and/or if conditions warrant, the Mount Pocono Emergency Services
Coordinator shall have the authority to contract a private firm for
cleanup, control, containment, or extinguishment and shall not be
limited to the disposal of said hazardous products or substances.
The Borough may enforce the provisions of this
article by civil action in a court of competent jurisdiction for the
collection of any amounts due hereunder, plus attorneys' fees and
costs or for any other relief that may be appropriate.
Nothing in this article shall authorize any
Borough department or personnel or staff member to refuse or delay
an emergency service to any person, firm, organization, or corporation
that has not reimbursed the Borough for extraordinary services. Furthermore,
nothing in this section shall be construed to require reimbursement
to the Borough residents and others as a matter of the Borough's general
operating procedure and for which the levying of taxes or for which
the demand for reimbursement is normally made under the provisions
of other Borough ordinances.
