This chapter shall be known and may be cited as the "Middle Smithfield
Township Dangerous Occurrences Ordinance."
As used in this chapter the following terms shall have the meanings
indicated:
DANGEROUS OCCURRENCE
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 into the air, ground or water or the
threat of any potential release of fire which requires a halting or detouring
of traffic or an evacuation of persons or animals from an area to ensure the
health, safety and welfare 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 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 Township of Middle Smithfield 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 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 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.
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.
A. 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.
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 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.
C. 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 cleanup crew
(DER-EPA approved), and/or if conditions warrant, the Middle Smithfield Township
Emergency Services Coordinator shall have the authority to contact 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 attorneys' 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.