(A) Any person who intentionally, negligently, accidentally or otherwise causes a motor vehicle accident, hazardous material or substance spill and any other act or omission necessitating the provision of emergency services by the borough or the Borough Fire Company within the boundaries of the borough or the service area of the Fire Company, shall be liable for all costs incurred by the borough and/or the Fire Company as a result of such accident, spill or other act or omission. The remedy provided by this section shall be in addition to any other remedies provided by law.
(B) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
HAZARDOUS MATERIALS. Any substances or materials in quantity or form which, in the determination of the borough or its designee, 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 any materials listed in the hazardous substances list of the State Department of Labor and Industry.
(C) The authority to recover costs under this section shall not include actual fire suppression services which are normally or usually provided by the Fire Company.
(D) For purposes of this section, the charges for use of the borough and Fire Company emergency services equipment, materials and personnel shall be established based on the actual cost for personnel, equipment and materials incurred by the borough and the Fire Company for clean up of the substance spill.
(Ord. 177, passed 8-3-1998)