[HISTORY: Adopted by the Mayor and Borough
Council of the Borough of Berlin 5-2-1994 by Ord. No. 94-9. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
All costs associated with a discharge within the boundaries
of the Borough of Berlin, which shall include labor and material for
the removal of hazardous substances or taking of reasonable measures
to prevent or mitigate damages to the public health, safety or welfare
of the residents of the Borough of Berlin, including the lands, private
and public, therein.
Any intentional or unintentional action or omission resulting
in the release, spill, leak, emission, dump or disposal of hazardous
substances into the waters or lands within the Borough of Berlin or
outside the Borough when damage may result to the waters or lands
inside the Borough.
All elements and compounds, including petroleum products
as set forth within N.J.S.A. 58:10-23.11b, as amended, except that
sewage and sewage sludge shall be considered "hazardous substances"
for the purpose of this chapter.
Any individual, public or private corporations, companies,
associations, societies, firms, partnerships or joint-stock companies.
[Amended 8-2-2010 by Ord. No. 2010-07]
A.
Any person who shall discharge hazardous substances within the Borough
of Berlin shall be strictly liable for all cleanup and removal costs
incurred by the Berlin Fire Department or employees thereof. The responsible
party shall be billed directly by the Berlin Fire Department for cleanup
and removal costs.
B.
Responsible parties shall also be liable for all costs incurred by
the Berlin Fire Department for rescue services as follows:
(1)
Light rescue: batteries, fluid, stabilization. There shall be a fee
of $200 for light rescue operations, such as vehicle stabilization,
use of hand tools, utility control and/or other scene-related rescue
operations.
(2)
Medium rescue. There shall be a fee of $450 for medium rescue operations,
including the use of power tools and hydraulic rescue tools to perform
activities such as forcing or removing doors to gain patient access.
(3)
Heavy rescue. There shall be a fee of $800 for heavy rescue operations,
including utilization of hydraulic and/or power tools to perform activities
such as partial or full roof removal, dash displacement, third-door
access, through-the-floor access, airbag lifting or stabilization,
winch operations and/or vehicle separation.
(4)
Specialized rescue. There shall be a fee of $800 for specialized
rescue, including any technical rescue procedures, including but not
limited to water and ice rescue, rope rescue, confined-space rescue,
high-angle rescue, trench rescue or structural-collapse rescue.
(5)
Lift assistance. There shall be a fee of $200 for lift assistance.
(6)
Extraordinary response.
(a)
The fees set forth below shall be charged for use of services
outside the normal scope of duties of the Fire Department, including
but not limited to, fire watch standbys requested by a member of the
public or business, cleanups, and other duties specifically requested
by the public or required by the public to be performed by the Fire
Department, or upon determination that the use of the Fire Department
resources was required due to deliberate negligent or willful criminal
conduct.
(b)
Services outside the normal scope of duties of the Fire Department.
In the event that a request is made for a service or services outside
of the normal scope of duties in the Fire Department, the person,
company or owner shall be charged for said request in accordance with
the fees set forth below.
(c)
If upon investigation it is determined that an incident was
caused by deliberate, negligent or willful criminal conduct of an
individual or a group of individuals, the responsible person(s) will
be liable for all Fire Department apparatus and personnel costs associated
with the response and/or incident.
(d)
The following fees shall be charged for each hour, or portion
thereof, of usage. All fees shall be based on departure and return
to the station to which the apparatus is assigned.
|
Apparatus Type
|
Fee per Hour
| |
|---|---|---|
|
Fire apparatus
|
$200
| |
|
Ambulance
|
$200
| |
|
Command vehicles
|
$75
| |
|
Inspection/investigation vehicle
|
$75
|
|
Personnel Title
|
Fee per Hour
| |
|---|---|---|
|
Chief Officer
|
$100
| |
|
Captain/Lieutenant
|
$75
| |
|
Fire fighter/EMT/Inspector
|
$50
|
Upon assessment of cleanup and removal costs,
the person assessed may, within 10 days of receipt of such assessment,
make a written request for a hearing before the governing body exclusively
upon the reasonableness of the amount assessed.
The person responsible for the discharge shall
be liable for all reasonable attorneys' fees and costs incurred in
the collection of cleanup and removal costs.
