[HISTORY: Adopted by the Board of Supervisors of the Township of Tobyhanna 5-17-1999 by Ord. No. 410. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- DANGEROUS OCCURRENCE
- An occurrence involving a 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 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 their property.
- EXTRAORDINARY EXPENSES
- Those expenses, costs and fees that are incurred by the township, 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 ground or water release or the threat of any potential release or fire, and any and all activities associated with the implementation of a protective 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 Township of Tobyhanna to its employees, the Township 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.
- EXTRAORDINARY SERVICES
- A service performed by any township 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 protective 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 as may be detailed or contemplated in the definition of "extraordinary expenses" above.
- HAZARDOUS MATERIALS
- 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, as well as any federal agency, branch, department or commission.
- PROTECTIVE ACTION
- An action such as traffic control, detours or evacuation taken by the township or by other officials or agencies in order to protect the public health, safety and welfare.
The township shall impose and collect from the person, partnership, corporation or other entity responsible for a dangerous occurrence the following costs, expenses and fees incurred:
Fees and costs (including overhead costs) shall encompass all personnel, equipment, fuel, materials and maintenance expenses in such a form as to ensure for full reimbursement for charges from both the public and private sectors for services actually rendered.
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 township 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 township 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.
All moneys received under the provisions of this chapter 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, carrier or owner of said products does not have a contract with a professional hazardous materials clean up crew (approved by the Pennsylvania Department of Environmental Protection and/or the Federal Environmental Protection Agency, or their successor agencies), and/or if conditions warrant, the Tobyhanna Township 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 township may enforce the provisions of this chapter by civil action in a court of competent jurisdiction for the collection of any amounts due hereunder plus attorney's fees and costs or for any other relief that may be appropriate.
Nothing in this chapter shall authorize any township department or personnel or staff members to refuse or delay an emergency service to any person, firm, organization or corporation that has not reimbursed the township for extraordinary services. Furthermore, nothing in this section shall be construed to require reimbursement to the township for those municipal services normally provided to the township residents and others as a matter of the township'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 township ordinances.