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:
COSTS
Includes both direct and indirect costs.
DIRECT 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.
EXPENDABLE ITEMS
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.
FIRE APPARATUS
Vehicle or vehicles used at the scene during the incident.
HAZARDOUS MATERIAL
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.
INDIRECT COSTS
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
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.
RELEASE
Leak, spill, dumping, purging or escape, whether accidental
or negligent, of hazardous materials.
VEHICLE
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.
VESSEL
Any container, drum, box, cylinder or tank used to hold or
contain or carry or store any hazardous material.
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.
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.