[HISTORY: Adopted by the Mayor and Council of the Borough
of Washington 10-18-2005 by Ord. No. 16-2005. Amendments noted
where applicable.]
This chapter authorizes certain employees of the Borough of
Washington to file claims for recovery of certain emergency service
costs incurred by the Washington Borough Fire Department, Washington
Borough Police Department, Washington Borough Civil Defense Division,
and any other department, office or agency of the Borough of Washington
called to respond beyond the customary and usual costs for services
provided by these entities in connection with hazardous material incidents.
The following terms shall have the meanings indicated:
Includes both direct and indirect costs.
Includes replacement costs for supplies and materials used
and expended, the actual hourly cost for labor for full- and part-time
employees of the Borough and the labor value established at the time
of the incident for volunteers, and the hourly value for equipment
and vehicle usage.
Any items used to extinguish or control any fire or stop
or contain any release involving a hazardous material which becomes
damaged, cannot be reused or replaced, without cost, after that particular
fire or release. These items include, but are not limited to, tools,
equipment, fire-fighting foam, chemical extinguishing agents, absorbent
materials, recovery drums and specialized recovery equipment, responders'
personal protective equipment and breathing apparatus.
Vehicle or vehicles used at the scene during the incident.
Any material, solid, liquid or gas, listed and/or regulated
as a hazardous material by the United States Department of Transportation
(DOT) and the National Institute for Occupational Safety and Health
(NIOSH), to include, but not be limited to, any substance or material
judged to be a danger to the health and safety of the general public
by the emergency response personnel at the scene of an incident.
Includes costs for administration, employee benefits, and
overhead costs such as utilities and building use fees established
at the time of the incident.
Manpower costs will be the costs incurred for manpower expended
as a result of a hazardous materials incident occurring in the Borough,
including but not limited to police personnel, Volunteer Fire Department
personnel, volunteer EMS personnel and Roads Department personnel.
Reimbursement shall be at such rates as the individual who is assigned
such duty is normally paid, comparable value of volunteers as established
by standard values, including overtime, if necessary, at which rates
will be calculated at the time of the incident.
Leak, spill, dumping, purging or escape, whether accidental
or negligent, of hazardous materials.
Any motorized equipment, registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, boats, tractor-trailers,
construction equipment, farm machinery and gardening equipment.
Any container, drum, box, cylinder or tank used to hold or
contain or carry or store any hazardous material.
A.
The governing body of the Borough of Washington authorizes the Municipal
Emergency Management Coordinator and, in his or her absence, the Deputy
Municipal Emergency Management Coordinator, under the supervision
of the Borough Manager, to recover any and all direct and indirect
costs beyond the customary and usual costs for emergency services
provided by the Washington Borough Fire Department, Washington Borough
Police Department, Washington Borough Office of Emergency Management
and any other department, office or agency of the Borough of Washington
called to respond in an emergency services capacity both within and
outside the geographic limits of the Borough of Washington.
B.
The governing body of the Borough of Washington authorizes the Municipal
Emergency Management Coordinator and, in his or her absence, the Deputy
Municipal Emergency Management Coordinator, under the supervision
of the Borough Manager, to recover any and all direct and indirect
costs resulting from damage to real or personal property or injuries
to person or persons beyond the customary and usual costs for emergency
services provided by the Washington Borough Fire Department, Washington
Borough Police Department, Washington Borough Office of Emergency
Management and any other department, office or agency of the Borough
of Washington called to respond in an emergency services capacity
both within and outside the geographic limits of the Borough of Washington.
C.
Costs may be charged and invoiced to any person, partnership, corporation,
association, firm or other legal entity for whom or for whose property
such services were rendered and/or materials provided, whether through
accident, negligence or otherwise.
D.
The authority to recover costs under this chapter shall not include
emergency service responses normally and usually provided by the Fire
Department in actual fire suppression.
All cleanup and removal costs and all direct and indirect damages
actually incurred in connection with a hazardous substance discharge
and allowed by the Spill Compensation and Control Act (N.J.S.A. 58:10-23.11
et seq.) and the New Jersey Administrative Code (N.J.A.C. 7:1J et
seq.) shall be identified to the extent practical and submitted for
reimbursement as provided in this chapter. The Claim Administrator
shall comply with New Jersey Administrative Code Chapter 1J, Subchapter
6, procedures for the filing of claims under the Spill Compensation
and Control Act, in the event recovery of costs is sought from this
source.
The Municipal Emergency Management Coordinator shall be designated
the Claim Administrator and shall be responsible for collecting the
required documentation in order to file a claim for reimbursement
of costs and shall be responsible for filing any and all claims for
reimbursement of costs. The Municipal Emergency Management Coordinator
may request the assistance of the Borough Manager and the Borough
Treasurer, as well as the heads of all of the responding entities
to a hazardous substance discharge, in completing any applications,
affidavits, certification or forms required in order to file a claim
for reimbursement of costs. In the event the Municipal Emergency Management
Coordinator is unable to perform the duties of Claim Administrator,
the Deputy Municipal Emergency Management Coordinator shall be responsible
to undertake the responsibilities required by this chapter.
A.
The Claim Administrator shall exercise his or her best efforts to
obtain reimbursement of costs from any source from which reimbursement
of cost is reasonably likely to be available, including, without limitation,
insurance policies, court awards, contractual rights, grants or other
financial assistance and other remedies provided under statutory or
common law, including the Spill Compensation and Control Act (N.J.S.A.
58:10-23.11 et seq.).
B.
In the event of failure to make payment within 30 days of notice
of final demand by the Claim Administrator, the governing body of
the Borough of Washington may elect to bring action in a court of
competent jurisdiction for the collection of any amount due hereunder
plus attorneys' fees or for any other relief that may be appropriate.
The Borough Manager is authorized to seek approval of the New
Jersey Department of Community Affairs, Division of Local Government
Services, for a dedication by rider to the annual municipal budget
for revenue obtained as a result of claim filing in accordance with
this chapter and the appropriation of said revenue for the purposes
to which said revenue was obtained. In the event a dedication by rider
in accordance with N.J.S.A. 40A:4-39 is not approved, any revenues
recovered shall be deposited into the Borough's general fund.
