[HISTORY: Adopted by the Mayor and Council of the Borough of Chester as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-6-2001 by Ord. No. 2001-14]
A Length of Service Awards Program (LOSAP) is herewith created in accordance with Chapter 388 of the Laws of 1997, to reward active volunteer members of the Borough of Chester Fire Department and the Borough of Chester First Aid Squad for their loyal, diligent, and devoted services to the residents of the Borough of Chester.
The LOSAP shall provide for fixed annual contributions to a deferred income account for each active volunteer member that meets the criteria set forth below; that such contributions shall be made in accordance with a plan that shall be established by the Borough of Chester pursuant to P.L. 1997, c. 388; and that such plan shall be administered in accordance with the laws of the State of New Jersey, the U.S. Internal Revenue Code, and this article.
[Amended 4-17-2007 by Ord. No. 2007-5]
Cost-of-living increase. The annual Length of Service Awards for firefighters and First Aid Squad members shall be increased each year by the consumer price index as certified by the State of New Jersey Division of Local Government Services as set forth in N.J.S.A. 40A:14-185f.
[Amended 4-17-2007 by Ord. No. 2007-5]
The estimated cost of the program has been calculated for 2007 as follows: For regular annual services: $19,200
Each active volunteer member shall be credited annually on December 31 with points for volunteer services provided to either the Borough of Chester Volunteer Fire Department or the Borough of Chester First Aid Squad in accordance with the following schedule:
[Adopted 5-5-2015 by Ord. No. 2015-5]
The Emergency Management Coordinator is hereby authorized to direct the volunteer fire companies, Police Department, Public Works Department and any other department necessary in the Borough to clean up and remove any discharge of hazardous substances or suspected hazardous substances (but not to exceed level one first responder awareness and first responder operational) which occurs within the Borough of Chester, or outside the boundaries of the Borough when authorized by agreement between the Borough and any other governing body.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- CLEANUP AND REMOVAL COSTS
- All costs associated with a discharge of hazardous substances incurred by the Borough of Chester or its authorized agents in the removal or attempted removal of hazardous substances, suspected hazardous substances or unknown substances, or in the taking of reasonable measures to prevent or mitigate damage to public health, safety, or welfare, including but not limited to public and private property, surface waters, subsurface waters, water columns and bottom sediments, soils and other affected property, including wildlife and other natural resources.
- Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous substances, suspected hazardous materials, or unknown substances into the waters, onto the lands or into the air, which may or does cause or it is reasonably believed will damage or result in damage to the lands, waters, air, or natural resources.
- HAZARDOUS SUBSTANCES
- Such elements and compounds, including petroleum products, which are defined as such by the Department of Environmental Protection of the State of New Jersey, or as are defined in the N.F.P.A. Guide of Hazardous Materials, or as are set forth in the list of hazardous substances adopted by the Federal Environmental Protection Agency; or as are defined on the list of toxic pollutants designated by Congress or the Environmental Protection Agency; provided however, that sewage and sewage sludge shall not be considered as hazardous substances for the purpose of this subsection. This definition also includes substances which the Emergency Management Coordinator has reasonable reason to believe are hazardous substances.
- Public or private corporations, companies, associations, societies, firms, partnerships, joint stock companies, individuals, or any other entity.
- Oil or petroleum of any kind and in any form, including but not limited to oil, petroleum, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils and substantives or additives utilized in the refining or blending of crude, petroleum or petroleum stock.
Liability for costs of cleanup or abatement of discharges. Any person who causes by act or omission, or is otherwise responsible for the discharge of hazardous substances which requires cleanup or abatement by the Borough or one of its fire companies shall be liable for the payment of all costs incurred by the Borough and the Fire Department, as a result of such cleanup or abatement activity. The owner of real or personal property from which a discharge of hazardous substances occurs is responsible for the cost of cleanup or abatement. The remedy provided by this article shall be in addition to any other remedies provided by law.
Determination of cost. For the purposes of this article, costs incurred by the Borough shall include, but shall not necessarily be limited to, the following: actual labor costs of any Borough personnel or volunteers, including workers' compensation benefits; fringe benefits; administrative overhead; cost of equipment operation; cost of materials; and the cost of any outside contract for labor and materials.
Cost of materials. The cost of materials to be reimbursed to the Borough shall include, without limitation, firefighting foam, chemical extinguishing agents, absorbent material, sand recovery drums, and specialized protective equipment, including acid suits, acid gloves, goggles and protective clothing, and any other equipment or materials deemed necessary to protect personnel and promote public safety. The reimbursement for the cost of materials expended will be billed at replacement cost plus an administrative fee of 10%.
Notification of NJDEP. Upon obtaining any information that a hazardous discharge has occurred in the Borough [unless previously notified of a hazardous discharge by NJDEP pursuant to N.J.A.C. 7:1E-5.7(a)] the appropriate Borough officials shall notify NJDEP, in writing, and orally of such hazardous discharge in accordance with the requirements of N.J.A.C. 7:1E-5.8 and all other applicable statutes and regulations.