[Adopted 12-5-2007 by Ord. No. 2007-14]
The Lebanon Township Volunteer Fire Department
("LTVFD") was heretofore created and established and is hereby continued
and recognized.
[Amended 7-7-2010 by Ord. No. 2010-09]
In accordance with N.J.S.A. 40A:14-68, the Township
of Lebanon hereby approves and authorizes the execution of all necessary
agreements with the LTVFD to provide fire services to the citizens
and residents of the Township for the purpose of extinguishing all
fires within the Township. The LTVFD is hereby designated as the entity
responsible for providing all fire services and extinguishing all
fires within the Township of Lebanon. The Township of Lebanon hereby
further approves and authorizes the LTVFD to provide all ambulance
services and first aid services in the Township of Lebanon as the
first responder for such services, subject to such mutual aid, agreements,
as may be applicable, from other municipalities’ rescue squads,
ambulance squads, first aid squads and/or fire departments and/or
as well other Township of Lebanon designated ambulance services/first
aid service/rescue service providers, who provide such services without
mutual aid, as described above, but by Township Committee designation.
No other organization or entity shall be designated to provide such
services for the Township of Lebanon unless duly approved and authorized
by the Township Committee of the Township of Lebanon.
Membership in the LTVFD shall be in accordance
with this article and the constitution, rules and bylaws of the LTVFD,
including any and all amendments to those documents. Membership shall
be open to all persons who are able to perform firefighter duties
and to meet the criteria set forth in this article, without discrimination
on the basis of an applicant's race, creed, color, sex, age, national
origin, ancestry, marital status or physical handicap.
No applicant shall be eligible to become a member
of the LTVFD unless such person shall possess the following qualifications:
A. Completes the application process, including executing an authorization and consent to conduct a criminal history record background check, as more specifically set forth in §
35-7 below;
B. Be at least 14 years of age;
C. Be a citizen of the United States;
D. Be able to read, write and speak the English language;
E. Holds a valid driver's license;
F. Is physically fit and able to perform the duties of
a firefighter, submits to a medical examination by a physician on
behalf of the Township (to be paid for by the Township) and produces
evidence in the form of a medical certification signed by a licensed
physician.
Each applicant for membership in the LTVFD shall
make application to the LTVFD on forms to be provided by the Fire
Department. The applications are available in the office to the Township
Clerk. As part of the application process, each applicant shall execute
an authorization and consent to conduct a criminal history record
background check and each applicant shall submit to being fingerprinted.
The LTVFD may be disbanded in the following
manner:
A. Upon the written request to the Township Committee
of a majority of the duly qualified members of the LTVFD, said LTVFD
may be disbanded by order of the Mayor and Township Committee; or,
B. Should the Township Committee consider at any time
that the interests of the Township will be best served by the disbandment
of the LTVFD, either for neglect of duty or disobedience of orders
or for any other cause or in the interest of economy or efficiency,
they may do so at any regular meeting by a majority vote of the full
membership of the Township Committee, 30 calendar days' notice having
previously been given to the Secretary of the LTVFD and the members
of the Township Committee.
[Adopted 10-5-2016 by Ord. No. 2016-07]
As used in this chapter, the following terms shall have the
meanings indicated:
COSTS
All costs incurred by the Township 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.
DEPARTMENT
The Lebanon Township Volunteer Fire Department
DISCHARGE
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 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.
MATERIALS
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.
PERSON
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 Township of Lebanon 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 their insurance carrier for whom
or for whose property such services were rendered and/or materials
provided.
Type of Incident
|
Description
|
Fee
|
---|
Vehicle incidents
|
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:
A. The owner or operator of the vehicle responsible for hazardous material
fire or discharge of hazardous material;
B. 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 clean up 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;
C. 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;
D. The owner or person responsible for any property from which any discharge
of hazardous material emanates, whether accidental or through negligence;
and
E. 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 chapter 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 Township Committee.
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 Township
Committee detailing all billing and receipts under this chapter.
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 they have submitted
a claim to their 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:
A. 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.
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 be subject
to penalties hereunder.
C. Responsible parties under this chapter shall ensure that the Department
is authorized to receive any payments from an insurance carrier as
required by this chapter.
D. The Department reserves the right to determine that a bill is uncollectable
by reason of unavailability of insurance coverage and be written off.