§ 31.23 LIABILITY FOR EXPENSE OF AN EMERGENCY RESPONSE.
   (A)   Person(s) responsible. The owner, operator, occupant or other person responsible for the operation, maintenance and/or condition of any building, premises, property or vehicle regarding which an incident arises which involves the release or threatened release of hazardous materials on or about said building, premises, property and/or vehicle shall be required to reimburse the township for all expenses of an emergency response to said hazardous materials incident.
   (B)   Charge against person. The expense of an emergency response shall be a charge against the person liable for the expenses under this subchapter. The charge constitutes a debt of that person and is collectible by the township in the same manner as in the case of an obligation under contract, express or implied.
   (C)   Cost recovery schedule. The township shall, by resolution, adopt a schedule of the costs included within the expense of an emergency response. This schedule shall be available at the office of the Township Clerk for inspection by the public at all times.
   (D)   Billing. The township may, within ten days of receiving itemized costs, or any part thereof, incurred for an emergency response, submit a bill for these costs by first class mail or personal service to the person liable for the expenses as enumerated under this subchapter. The bill(s) shall require full payment within 30 days from the date of mailing or service of said bill upon the responsible person.
   (E)   Failure to pay; procedure to recover costs. Any failure by the person described in this subchapter as liable or responsible for expenses of an emergency response to pay said bill within 30 days of mailing or service of the bill shall constitute a default on said bill. In the event of default, the township may institute a civil action in a court of competent jurisdiction to collect the fee. The township shall be entitled to recover its costs of suit, including actual attorney fees, incurred by the township.
(Prior Code, § 40.104) (Ord. 101392, eff. 11-12-1992)