[HISTORY: Adopted by the Borough Council
of the Borough of Abbottstown as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
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.
