[Adopted 3-24-2015 by Ord. No. 15-06]
As used in this article, the following terms shall have the meanings indicated:
- All costs incurred by the Town or Department, including but not limited to the following: actual labor costs of personnel, including workers' compensation benefits, fringe benefits and administrative overhead; cost of equipment operation; cost of materials; and the cost of any outside contract for labor and materials.
- The Town of Clinton Volunteer Fire Department.
- Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of any hazardous substance into the water, onto the land, or into the air.
- HAZARDOUS ABATEMENT INCIDENT
- Any incident where there is a discharge or threat of discharge of a hazardous substance or petroleum product.
- HAZARDOUS SUBSTANCE
- Any and all elements and compounds, including petroleum products, which are defined as such by the New Jersey Department of Environmental Protection 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.
- All materials, including but not limited to firefighting foam, chemical extinguishing agents, absorbent material, sand recovery drums, and specialized protective equipment, such as acid suits, acid gloves, goggles and protective clothing.
- Any public or private corporation, company, association, society, firm, partnership, joint-stock company, individual, or other entity.
- PETROLEUM PRODUCT
- 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.
The governing body of the Town of Clinton authorizes the Department to recover the costs of firefighting materials used and expended; the costs of the use of the fire trucks, fire engines, rescue equipment, and tankers; the costs of personnel hours and hazardous situation abatement materials involved in any hazardous abatement incident.
Below is a schedule of fees and costs to be charged and invoiced by the Department to any person or its insurance carrier for whom or for whose property such services were rendered and/or materials provided.
Type of Incident
Any hazardous abatement incident involving a vehicle substantial enough to cause the Department to use tools and skill (or extinguishing agent) to bring the incident under control
$750 per vehicle
Hazardous substance discharge
Intentional or unintentional discharge of a hazardous substance as defined herein, which includes, but is not limited to, hazardous materials fires
Actual costs incurred and an hourly rate (not in excess of $50 per hour) for all personnel involved in the response
Reimbursement to the Department as hereinbefore indicated shall be made by:
The owner or operator of the vehicle responsible for hazardous material fire or discharge of hazardous material;
Any person who causes, by act or omission, or is otherwise responsible for a discharge of any hazardous substance which is cleaned up or abated by the Department, including the owner of real or personal property from which a discharge of hazardous substance occurs, shall be liable for the payment of all costs incurred by the Department as a result of such cleanup or abatement, including but not limited to all costs for services rendered by any recovery company, towing company or such other technical assistance called for by the Department to handle such incident;
The owner or person responsible for the vessel containing the hazardous material involved in such fire or discharge, whether stationary or in transit, and whether accidental or negligent;
The owner or person responsible for any property from which any discharge of hazardous material emanates, whether accidental or through negligence; and
The person responsible for the hazardous material fire, leak or spill, whether accidental or through negligence.
The Department is hereby authorized to bill and collect costs due to it under this article through a third-party billing agent, provided that any such agreement with any professional agency engaged in the business of emergency response billing shall be subject to the approval of the Town Council.
Said costs and fees as outlined above and as set forth on the schedule of fees and costs herein shall be recovered directly by the Department, or through a third-party professional agency engaged in the business of emergency response billing under a contract with the Department, by billing to the responsible party.
In addition to the aforementioned fees and costs, the Department is hereby authorized to collect reasonable interest and administration fees for the collection of the fees and costs due and owing from the insurance companies or responsible parties for the services rendered and/or materials provided.
The Department shall provide a monthly report to the Town Council detailing all billing and receipts under this article.
Any person or entity responsible for any vehicle fire or discharge of hazardous materials shall reimburse the Department pursuant to the schedule of fees hereunder or provide proof that it has submitted a claim to its insurance carrier for payment within 45 days after receipt of a statement from the Department outlining said costs and expenses. These provisions shall be subject to the following:
Persons receiving services from the Department shall cooperate with the Department or other billing personnel hired by the Department to secure full payment for services rendered from any necessary insurance carrier.
Due to anticipated time requirements for the preparation and processing of insurance claims, parties that have provided proof of a claim to their insurance carrier shall not be charged interest or be subject to penalties hereunder.
Responsible parties under this chapter shall ensure that the Department is authorized to receive any payments from an insurance carrier as required by this article.
The Department reserves the right to determine that a bill is uncollectable by reason of unavailability of insurance coverage and be written off.