1. In the event of the failure of an owner or common carrier, including pipelines or otherwise, to control, extinguish or cleanup any spill, fire or release, the Township or its designated agents, including the volunteer fire company of the Township (Han-Le-Co Volunteer Fire Company No. 1), may perform the necessary work and bill such owner or common carrier in order to compensate the Township or its agent for both direct and indirect costs and expenses including, but not limited to, special equipment and materials used and labor costs incurred by the Township or its agents, and legal costs related to the spill, fire or release or its cleanup and control.
2. In the event that the responsible owner or carrier refuses to pay its bill or the cost of hazardous control or cleanup, then the Township on behalf of itself and/or its agents including Han-Le-Co Volunteer Fire Co. No. 1, may sue in district court or the court of common pleas for full recovery of its costs including its legal costs in pursuing such an action.
3. In the event that full recovery of all costs pursuant to § 504(1) is not made within ninety (90) days following the performance of work performed by the Township or its designated agents, the Township may charge the record owner of the property upon which the spill, fire or release occurred and may place a municipal lien against such property in the amount of such costs as have not been otherwise recovered pursuant to § 504(1), together with any legal costs incurred in charging the property and placing the municipal lien against the property.
(Ord. 302, 12/1/1993; as amended by Ord. 330, 2/2/1996)