[HISTORY: Adopted by the Mayor and Council
of the Borough of Glassboro as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-22-2008 by Ord. No. 08-33]
The purpose of this article is to enable the
Borough of Glassboro to require reimbursement from:
A.
Those responsible for (either intentionally, accidentally,
or as a result of actions by others) or owning or controlling property
affected by the leaking, spilling, releasing or allowing certain hazardous
substances or materials to escape containment, or for damaged and/or
downed power lines, electric services lines, gas mains, gas service
conduits, water mains, sanitary sewer mains, storm sewer mains, occupancy
leads, telephone lines, cable television lines, traffic signals or
signs; thereby requiring the city and/or its agents to provide emergency
containment, cleaning, and/or disposal of hazardous substances or
materials, or for the securing the prudent monitoring of the site
of an accident or natural disaster, including those involving public
or private utilities.
B.
Those responsible for (either intentionally, accidentally,
or as a result of actions by others) or owning or controlling property
affected by or involved in an emergency incident, including bomb threats,
vehicle fires, illegal fires, extraction from vehicles involved in
accidents, and accident-related cleanup.
For the purpose of this article, the following
definitions shall apply unless the context clearly indicates or requires
a different meaning.
An unforeseen or unexpected happening or occurrence which
of itself causes great harm or damage, or which creates the potential
for great harm or damage to individuals and/or property, and which
requires immediate and prudent securing and monitoring by the Borough,
and/or agents of the Borough, to reduce the potential for such damage,
but not including emergency incidents.
The verbal or written threat of a bomb or other explosive
device which if discharged as threatened would violate a federal,
state or local law, or cause property damage and/or personal injury
or death.
Any substance (including gases or vapors) which if spilled,
leaked, or otherwise released from its container is dangerous or harmful
to the environment or human or animal life, health, or safety, or
otherwise constitutes a danger, threat or nuisance to the public health,
safety or welfare. Hazardous materials shall include, but not be limited
to, such substances as chemicals and gases, explosives, radioactive
materials, petroleum or petroleum-based products, poisons, biologic
agents, flammables, combustibles, hazardous wastes, or corrosives.
The Fire Chief or the Chief's designee shall have reasonable discretion
to determine whether any particular substance constitutes a hazardous
material.
A bomb threat, vehicle fire, an illegal fire, extrication
from vehicles involved in accidents, accident-related cleanup and
traffic officers for roadway closures due to vehicle accidents.
The providing, sending and/or utilization of public works,
police, fire and/or rescue services by the Borough at an emergency
incident or at an incident involving release of a dangerous or hazardous
substance or material, or an accident requiring immediate and prudent
securing and monitoring by the Borough and/or agents of the Borough.
The expense for an emergency incident shall
be according to a fee schedule adopted by the Borough of Glassboro.[1]
For all other emergency responses, the direct
costs incurred by the Borough in making an appropriate emergency response
to an accident or incident, including the costs of providing police,
firefighting and rescue services, public works and/or other Borough
personnel, or the services of other agents of the Borough at the scene
of an incident or accident. Related administrative costs, which for
agents of the Borough shall be 15% of the actual charge to the Borough,
accruing after the occurrence of such incident or accident are also
included. Such costs and expenses shall include the salaries or wages,
workers' compensation benefits, and fringe benefits of the personnel
responding to the incident or accident and the costs of equipment
and materials used.
A fire set or determined to have been set in violation of
a federal, state or local law and shall include an arson fire, a fire
set in violation of a no-burning ban or other and/or a fire set without
a required permit.
Any individual, firm, corporation, association, partnership,
commercial entity, consortium, joint venture, government entity or
any other legal entity responsible for an emergency incident or any
owner, tenant, occupant or party in control of real and/or personal
property from which, onto which or related to which there is a public
safety or fire emergency incident and their heirs, estates, successors
and assigns.
It shall be the duty of any person, firm, corporation,
public or private utility, or any other entity directly or indirectly
causing, contributing to, or allowing the leakage, spillage or any
other release of dangerous or hazardous substances or materials, or
owning or controlling property affected thereby or requiring the securing
and monitoring of sites or locations of accidents and/or natural disasters,
including downed power lines and electric service lines, ruptured
gas mains, gas service conduits, water mains, occupancy leads, telephone
lines, or cable television lines, to immediately secure, monitor,
and clean up the area or location in such manner that the area or
location involved is fully restored to the condition existing prior
to such occurrence. The Borough shall have no duty to contain, clean
up or dispose of any release of hazardous substances or materials,
or other materials, but in emergency situations the Fire Chief or
Chief of Police, or their designees, shall have the authority to take
whatever action is reasonably necessary to protect the health, safety,
and welfare of the general public including securing and monitoring
sites of accidents or providing for or arranging for the containment,
removal or cleanup of any hazardous substances or materials. The Borough
shall inspect the site to ensure that the cleanup has been fully completed.
Any person or entity failing to comply with
this article, and/or whether a nonemergency incident, emergency response
is provided by the Borough, shall be liable to the Borough and shall
reimburse the Borough for all costs and expenses, including the costs
incurred by the Borough or any agents the Borough engages, for the
complete abatement, cleanup, restoration and/or securing of the affected
area.
The Finance Office shall, within 10 days of
receiving itemized costs incurred for an emergency response, submit
a bill for the same by first class mail or personal delivery to any
person or entity liable for these expenses as previously enumerated
under this article. The bills shall require full payment within 30
days from the date of billing.
If any person or entity fails to reimburse the
Borough as above provided, the Borough shall have the right to bring
an action in the appropriate court to collect such costs. If such
person or entity is the owner of real property affected or practically
affected by the release of hazardous materials, or requiring emergency
securement or monitoring, the Borough shall have the right to add
any and all costs of cleanup, restoration and/or of any emergency
response to the tax roll of such property and to levy and collect
such costs in the same manner as provided for the levy and collection
of real property taxes against said property.
