[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:
- CLEANUP AND REMOVAL COSTS
- 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.
- HAZARDOUS SUBSTANCE
- 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]
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.
Responsible parties shall also be liable for all costs incurred by the Berlin Fire Department for rescue services as follows:
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.
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.
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.
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.
Lift assistance. There shall be a fee of $200 for lift assistance.
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.
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.
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.
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.
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.