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Tioga County adopts ordinance to recover hazardous materials response costs
Summary
Tioga County commissioners unanimously adopted Ordinance No. 2026‑5 enabling the county to bill responsible parties for costs tied to response, cleanup and disposal of chemical, biological, radiological, nuclear or explosive (CBRNE) incidents, authorizing a fee schedule and specifying civil and criminal collection remedies.
The Tioga County Board of Commissioners unanimously adopted Ordinance No. 2026‑5 to authorize recovery of costs related to responses to chemical, biological, radiological, nuclear or explosive (CBRNE) incidents.
The ordinance, enacted July 14, 2026, directs that the owner or person in control of CBRNE materials — including common carriers and pipeline or transportation providers — "shall be liable to the county of Tioga for all response costs incurred" for control, cleanup, remediation and disposal. The ordinance authorizes billing through the Tioga County Emergency Management Agency and a fee schedule (Attachment A) that may be revised by board resolution.
The ordinance lists recoverable costs including county-designated HAZMAT team expenses; disposable materials and supplies used in response; rental or leasing of protective and technical equipment; replacement costs for contaminated equipment; decontamination of personnel and equipment; specialized technical services and laboratory testing; evacuation-related costs; transport and disposal of hazardous materials; and emergency responder personnel costs. It directs the county solicitor to pursue collection or litigation if invoices are unpaid after 30 days.
The ordinance also prescribes penalties and remedies. It states that a party failing to pay the county invoice within 30 days "shall upon conviction in a summary proceeding before a District Justice be sentenced to pay a fine of not less than Three Hundred dollars ($300.00) or more than One Thousand dollars ($1,000.00)" and that the county may pursue civil or criminal process; any criminal penalties would not relieve civil liability.
Commissioners moved and voted on the ordinance during the July 14 meeting; the motion carried by a unanimous vote of the three commissioners present. The ordinance states it "shall take effect on the first date permitted by law following its passage."
