[Adopted 2-22-1999 by Ord. No. 486]
All moneys received/recovered by the Fire Chief under the provisions
of this article in connection with an emergency incident shall be
deposited in the Fire Department's general fund and, upon completion
of the cost recovery effort, the Fire Chief shall disburse the funds
recovered as follows:
A. Fifteen percent of the total moneys actually received/recovered shall
be retained by the Fire Company for the administrative costs incurred
in effectuating and administering the cost recovery.
B. If the Fire Chief refers a bill of costs to a lawyer for collection,
the Fire Department shall be reimbursed, in addition to the aforesaid
15% of the total moneys actually received/recovered, the full amount
of all costs and fees incurred in connection with the legal services
performed by its lawyer.
C. The Fire Chief shall distribute the balance between the emergency
response agencies and the borough, in accordance with the amount claimed
by each emergency response agency and the borough; and, in the event
there are insufficient moneys received/recovered to pay all claims
in full, the moneys received/recovered shall be paid in pari passu
by and between the various claimants.
D. Notwithstanding anything to the contrary in the foregoing, the Fire
Chief may disregard all or any portion of a claim made by an emergency
response agency or the borough for which moneys were not received/recovered
or for which the Fire Chief reasonably believes moneys were not received/recovered.
Nothing in this article shall be construed to conflict with
state or federal laws requiring persons causing or responsible for
releases or threatened releases of hazardous materials from engaging
in remediation activities or paying the costs and expenses thereof,
or both.