Township of Franklin, NJ Hazardous Materials Cleanup

All costs incurred by Franklin Township Fire District No. 1 or the Quakertown Fire Company, Inc., including but not limited to the following: actual labor costs of personnel, workers' compensation benefits, medical costs, cost of equipment operation, cost of materials, cost to replace expendable items, cost of any and all environmental sampling and/or testing required to ensure a hazard-free environment (soil, water and air), including the testing of equipment that may have been exposed to hazardous conditions as a result of responding to the incident or any services rendered by any recovery company, towing company, storage yard or facility or other technical assistance called for by the Fire District or Fire Company or other agencies to handle such incidents.

EXPENDABLE ITEMS

Any items used to extinguish any fire and/or stop or control or maintain any leak or spill involving any hazardous material which cannot be replenished without cost after that particular fire, leak or spill, including, but not limited to, firefighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums or containers, and specialized protective equipment, including, but not limited to, acid suits, acid gloves, goggles and protective clothing.

HAZARDOUS SUBSTANCE

Any material — solid, liquid or gas as a hazardous substance or material, including but not limited to, such substances and materials listed under the National Fire Protection Association (NFPA) Guide of Hazardous Materials, the Department of Transportation (DOT) Guide Book and the list of hazardous substances and toxic pollutants designated by the Federal Environmental Protection Agency (US-EPA) and the New Jersey department of Environmental Protection (NJDEP).

VEHICLE

Any motorized equipment, registered or unregistered, including, but not limited to, a passenger car, motorcycle, truck, tractor trailer, trailer, construction equipment, farm machinery, watercraft, all-terrain vehicle (ATV), aircraft, and trains.

VESSEL

Any container, drum, box, cylinder, bottle or tank used to hold, contain, carry or store any hazardous materials.

§ 210-2 Authorization to recover costs.

The governing body of the Township of Franklin authorizes the Franklin Township Fire District No. 1 and/or the Quakertown Fire Company, Inc. to recover the costs as defined in § 220-1 related to any hazardous abatement incident.

§ 210-3 Parties responsible for reimbursement.

Reimbursement to the Franklin Township Fire District No. 1 and/or the Quakertown Fire Company, Inc. shall be made by:

The owner or operator of the vehicle responsible for the hazardous condition;

Any person responsible for the discharge of any hazardous substance which is abated;

The owner or person responsible for the vessel containing the hazardous material causing the hazardous condition on public or private property, whether stationary or in transit, whether accidental, through negligence of the owner or person or through the negligence of another party;

The owner or person responsible for the property from which the hazardous condition emanated.

§ 210-4 Third-party billing agent.

The Franklin Township Fire District No. 1 and/or the Quakertown Fire Company, Inc. is hereby authorized to bill and collect costs due to it under this chapter through a third-party billing agent, provided such agreement with the third-party billing agent is subject to the approval of the Township Committee.

§ 210-5 Collection of costs.

Said costs and fees as outlined above shall be recovered directly by the Franklin Township Fire District No. 1 and/or the Quakertown Fire Company, Inc., or through a third-party billing agent, by billing to the responsible party.

§ 210-6 Interest and administration fees.

In addition to the aforementioned fees and costs, the Franklin Township Fire District No. 1 and the Quakertown Fire Company, Inc. is hereby authorized to collect reasonable interest and administration fees for the collection of the fees and costs due and owing from insurance companies or responsible parties for the services rendered and/or materials provided.

§ 210-7 Report to the Township Committee.

The Franklin Township Fire District No. 1 and the Quakertown Fire Company, Inc. shall provide a monthly report to the Township Committee detailing all billing and receipts under this chapter.

§ 210-8 Time limit for reimbursement.

Any person or entity responsible for any hazardous condition abatement incident shall reimburse the Franklin Township Fire District No. 1 and/or the Quakertown Fire Company, Inc. for the actual cost of any reimbursable items used to extinguish such a fire, stop or contain a leak or control and clean-up a spill within 45 days after receipt of an invoice for such items and services from the Franklin Township Fire District No. 1 and/or the Quakertown Fire Company, Inc. These provisions shall be subject to the following:

Persons receiving services from the Franklin Township Fire District No. 1 and/or the Quakertown Fire Company, Inc. shall cooperate with the Franklin Township Fire District No. 1 and/or the Quakertown Fire Company, Inc., or other billing personnel hired by the Department, to secure full payment for services rendered.

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 subject to the penalties hereunder.

Responsible parties under this chapter shall ensure that the Franklin Township Fire District No. 1 and/or the Quakertown Fire Company, Inc. is authorized to receive any payments from any insurance carrier as required under this chapter.

The Franklin Township Fire District No. 1 and/or the Quakertown Fire Company, Inc. reserves the right to determine that a bill, uncollectable by reason of unavailability of insurance coverage, can be written off.

§ 210-9 Violations and penalties.

Any person violating any provision of this chapter and responsible for any hazardous condition within the service area of the Department who fails to reimburse the Franklin Township Fire District No. 1 and/or the Quakertown Fire Company, Inc. as provided herein, or submit a claim to the appropriate insurance carrier within the time required, shall be subject to a penalty and/or fine for each violation in accordance with Code of the Township of Franklin.