[HISTORY: Adopted by the Township Committee of the Township
of Franklin 6-27-2019 by Ord. No. 2019-05. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
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).
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.
Any container, drum, box, cylinder, bottle or tank used to
hold, contain, carry or store any hazardous materials.
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.
Reimbursement to the Franklin Township Fire District No. 1 and/or
the Quakertown Fire Company, Inc. shall be made by:
A.
The owner or operator of the vehicle responsible for the hazardous
condition;
B.
Any person responsible for the discharge of any hazardous substance
which is abated;
C.
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;
D.
The owner or person responsible for the property from which the hazardous
condition emanated.
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.
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.
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.
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.
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:
A.
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.
B.
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.
C.
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.
D.
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.
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.
