Any person who intentionally, negligently, accidentally or otherwise
causes a motor vehicle accident, hazardous material or substance spill or
any other act or omission necessitating the providing of emergency services
by the Borough of Brookville or the Brookville Volunteer Fire Department ("Fire
Department") within the boundaries of the Borough or the service area of the
Fire Department shall be liable for all costs incurred by the Borough and/or
the Fire Department as a result of such accident, spill or other act or omission.
The remedy provided by this chapter shall be in addition to any other remedies
provided by law.
As used in this chapter, the following terms shall have the meanings
indicated:
HAZARDOUS MATERIALS
Any substances or materials in a quantity or form which, in the determination
of the Emergency Management Coordinator or other authorized representative
of the Borough, poses 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.
The authority to recover costs under this chapter shall not include
actual fire suppression services which are normally or usually provided by
the Fire Department.
For purposes of this chapter, the charges for use of the Borough and
Fire Department emergency services equipment, materials and personnel shall
be established by resolution of the Borough Council.