[HISTORY: Adopted by the Mayor and Council
of the Borough of Runnemede as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-13-2006 by Ord. No. 06-22]
This article authorizes certain employees of
the Borough of Runnemede to file claims for recovery of certain emergency
service costs incurred by the Runnemede Borough Fire Department, Runnemede
Borough Police Department, Runnemede Borough Civil Defense Division,
and any other department, office or agency of the Borough of Runnemede
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 costs 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 scene during 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 Department of Public Works 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, 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 Runnemede 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 Runnemede Borough Fire Department, Runnemede Borough
Police Department, Runnemede Borough Office of Emergency Management
and any other department, office or agency of the Borough of Runnemede
called to respond in an emergency services capacity both within and
outside the geographic limits of the Borough of Runnemede.
B.
The governing body of the Borough of Runnemede 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 Runnemede Borough Fire Department, Runnemede
Borough Police Department, Runnemede Borough Office of Emergency Management
and any other department, office or agency of the Borough of Runnemede
called to respond in an emergency services capacity both within and
outside the geographic limits of the Borough of Runnemede.
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 cost under this article 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 article. The Claim
Administrator shall comply with N.J.A.C. Chapter 1J, Subchapter 6,
procedures for 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 article.
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 Runnemede 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 Clerk 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 article 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.