Borough of Abbottstown, PA
Adams County
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[HISTORY: Adopted by the Borough Council of the Borough of Abbottstown as indicated in article histories. Amendments noted where applicable.]
Emergency service agencies — See Ch. 18.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For the purposes of this article, the following terms shall be defined as follows:
The designated fire protection agency for Abbottstown Borough and/or any other volunteer fire department authorized to provide service in the Borough.
Any substances or materials in a quantity or form which pose an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, and shall include, but not be limited to, such substances as explosives, radioactive materials, petroleum products or gases, poisons, etiologic (biologic) agents, flammables, corrosives or materials listed in the hazardous substances list of the Pennsylvania Department of Labor and Industry. This definition shall also conform to the corresponding definition contained in the Hazardous Material Emergency Planning and Response Act, 35 P. S. § 6022.103, as amended.
The Borough, through its emergency services, is authorized to clean up, dispose or abate, or cause to be cleaned up, disposed, or abated, the effects of any hazardous materials or substances spilled or deposited upon or into properties or facilities within the municipal boundaries of the Borough or having a direct identifiable effect on persons or property within the municipal boundaries of the Borough, including, but not limited to, traffic control, evacuation, relocation, substance monitoring, establishment of medical care facilities and other costs incurred in the mitigation of the emergency situation.
Any person who intentionally, negligently, accidentally or otherwise causes a hazardous material or substance spill, deposit, or any other act or omission necessitating the providing of emergency services by the Borough or by the Fire Company within the boundaries of the Borough or the service areas of the Fire Company shall be liable for all reasonable costs incurred by the Borough and/or the Fire Company as a result of such spill, deposit, or other act or omission. The remedy provided by this article shall be in addition to any other remedies provided by law.
For the purpose of this article, reasonable costs incurred by the Borough and/or the Fire Company for emergency services shall include, but not be limited to, the following: actual labor costs of Borough and Fire Company personnel, including, but not limited to, worker's compensation benefits, insurance, fringe benefits, wages and administrative overhead; cost of equipment operation; cost of repair or replacement of damaged equipment; cost of special fire extinguishing agents; cost of materials and/or supplies; and any costs of any contracted labor and materials.
For purposes of this article, the charges for use of the Borough's or the Fire Company's emergency services equipment, materials and personnel shall be billed by the entity incurring the costs, provided that such charges or costs shall not be billed without the prior approval of the Borough Council. Payment of said charges shall be remitted within 30 days of receipt of the entity's bill or invoice. If such charges are not paid within 30 days, the billing entity may initiate an appropriate action in any tribunal of competent jurisdiction for the collection of any amounts due hereunder plus attorneys' fees, interest and costs; provided that any such legal action shall not be commenced without the prior approval of the Borough Council.