[HISTORY: Adopted by the Mayor and Council of the Borough of Glassboro as indicated in article histories. Amendments noted where applicable.]
Article I Cost Recovery
[Adopted 4-22-2008 by Ord. No. 08-33]
The purpose of this article is to enable the Borough of Glassboro to require reimbursement from:
Those responsible for (either intentionally, accidentally, or as a result of actions by others) or owning or controlling property affected by the leaking, spilling, releasing or allowing certain hazardous substances or materials to escape containment, or for damaged and/or downed power lines, electric services lines, gas mains, gas service conduits, water mains, sanitary sewer mains, storm sewer mains, occupancy leads, telephone lines, cable television lines, traffic signals or signs; thereby requiring the city and/or its agents to provide emergency containment, cleaning, and/or disposal of hazardous substances or materials, or for the securing the prudent monitoring of the site of an accident or natural disaster, including those involving public or private utilities.
Those responsible for (either intentionally, accidentally, or as a result of actions by others) or owning or controlling property affected by or involved in an emergency incident including bomb threats, vehicle fires, illegal fires, extraction from vehicles involved in accidents, and accident related cleanup.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
- ACCIDENT, INCLUDING NATURAL DISASTER
- An unforeseen or unexpected happening or occurrence which of itself causes great harm or damage, or which creates the potential for great harm or damage to individuals and/or property, and which requires immediate and prudent securing and monitoring by the Borough, and/or agents of the Borough, to reduce the potential for such damage, but not including emergency incidents.
- BOMB THREAT
- The verbal or written threat of a bomb or other explosive device which if discharged as threatened would violate a federal, state or local law, or cause property damage and/or personal injury or death.
- DANGEROUS OR HAZARDOUS SUBSTANCES OR MATERIALS
- Any substance (including gases or vapors) which if spilled, leaked, or otherwise released from its container is dangerous or harmful to the environment or human or animal life, health, or safety, or otherwise constitutes a danger, threat or nuisance to the public health, safety or welfare. Hazardous materials shall include, but not be limited to such substances as chemicals and gases, explosives, radioactive materials, petroleum or petroleum-based products, poisons, biologic agents, flammables, combustibles, hazardous wastes, or corrosives. The Fire Chief or the Chief's designee shall have reasonable discretion to determine whether any particular substance constitutes a hazardous material.
- EMERGENCY INCIDENT
- A bomb threat, vehicle fire, an illegal fire, extrication from vehicles involved in accidents, accident-related cleanup and traffic officers for roadway closures due to vehicle accidents.
- EMERGENCY RESPONSE
- The providing, sending and/or utilization of public works, police, fire and/or rescue services by the Borough at an emergency incident or at an incident involving release of a dangerous or hazardous substance or material, or an accident requiring immediate and prudent securing and monitoring by the Borough and/or agents of the Borough.
- A. The expense for an emergency incident shall be according to a fee schedule adopted by the Borough of Glassboro.
- B. For all other emergency responses, the direct costs incurred by the Borough in making an appropriate emergency response to an accident or incident, including the costs of providing police, fire-fighting and rescue services, public works and/or other Borough personnel, or the services of other agents of the Borough at the scene of an incident or accident. Related administrative costs, which for agents of the Borough shall be 15% of the actual charge to the Borough, accruing after the occurrence of such incident or accident are also included. Such costs and expenses shall include the salaries or wages, workers' compensation benefits, and fringe benefits of the personnel responding to the incident or accident and the costs of equipment and materials used.
- ILLEGAL FIRE
- A fire set or determined to have been set in violation of a federal, state or local law and shall include an arson fire, a fire set in violation of a no-burning ban or other and/or a fire set without a required permit.
- RESPONSIBLE PARTY
- Any individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, government entity or any other legal entity responsible for an emergency incident or any owner, tenant, occupant or party in control of real and/or personal property from which, onto which or related to which there is a public safety or fire emergency incident and their heirs, estates, successors and assigns.
It shall be the duty of any person, firm, corporation, public or private utility, or any other entity directly or indirectly causing, contributing to, or allowing the leakage, spillage or any other release of dangerous or hazardous substances or materials, or owning or controlling property affected thereby or requiring the securing and monitoring of sites or locations of accidents and/or natural disasters, including downed power lines and electric service lines, ruptured gas mains, gas service conduits, water mains, occupancy leads, telephone lines, or cable television lines, to immediately secure, monitor, and clean up the area or location in such manner that the area or location involved is fully restored to the condition existing prior to such occurrence. The Borough shall have no duty to contain, clean up or dispose of any release of hazardous substances or materials, or other materials, but in emergency situations the Fire Chief or Chief of Police, or their designees, shall have the authority to take whatever action is reasonably necessary to protect the health, safety, and welfare of the general public including securing and monitoring sites of accidents or providing for or arranging for the containment, removal or clean up of any hazardous substances or materials. The Borough shall inspect the site to insure that the cleanup has been fully completed.
Any person or entity failing to comply with this article, and/or whether a nonemergency incident, emergency response is provided by the Borough, shall be liable to the Borough and shall reimburse the Borough for all costs and expenses, including the costs incurred by the Borough or any agents the Borough engages, for the complete abatement, cleanup, restoration and/or securing of the affected area.
The Finance Office shall, within 10 days of receiving itemized costs incurred for an emergency response, submit a bill for the same by first class mail or personal delivery to any person or entity liable for these expenses as previously enumerated under this article. The bills shall require full payment within 30 days from the date of billing.
If any person or entity fails to reimburse the Borough as above provided, the Borough shall have the right to bring an action in the appropriate court to collect such costs. If such person or entity is the owner of real property affected or practically affected by the release of hazardous materials, or requiring emergency securement or monitoring, the Borough shall have the right to add any and all costs of cleanup, restoration and/or of any emergency response to the tax roll of such property and to levy and collect such costs in the same manner as provided for the levy and collection of real property taxes against said property.
The following fees shall also apply: