Fire departments that handle hazardous-materials spills are getting
more aggressive in their demands for reimbursement from spill
generators. That's the word from Tom Moses, an environmental
attorney and president of the Spill Center, an environmental claims
management company based in Acton, Mass.
"Transporters involved in spills are being charged
for everything
from the cleaning, maintenance, and replacement of gear to the salaries
and benefits of emergency responders," says Moses. "Regulations
authorizing reimbursement vary from one jurisdiction to the next,
which muddies the waters for transporters."
One thing is clear, however. Every invoice should
be scrutinized
and every authorizing statute questioned to avoid paying more than
the law requires.
As part of its service to transportation companies,
the Spill Center
screens invoices from emergency response agencies. The center is
looking for questionable line items and unreasonable or unauthorized
charges on invoices. Here are some of the most common problems
encountered by the group:
* Incomplete documentation. A $1,200 charge
for cleaning
turnout gear is included on the invoice, but the fire department is
unable to produce a paid bill from a cleaning or decontamination
service. Ask to see receipts. If you're charged for 150 man-hours,
ask to see work logs showing time on/off or details of work performed.
* Unreasonable scope of work. Half a dozen fire
departments
respond to a minor fuel spill and each one invoices you for emergency
services. That's beyond the scope of a reasonable response. Also
common are charges for damaged Level A (vapor protective) suits
in incidents that do not call for the use of Level A. Ask for details
of the incident and the services rendered.
* Unauthorized charges. Line items not directly
arising from the
loss are commonly included on invoices and may not be reimbursable,
such as a labor charge with a pro-rated benefits cost or an administrative
overhead charge, such as the cost of typing the report.
* Math errors. Never assume the math is correct.
Math errors on
invoices constitute the third most common problem encountered.
* No legal authority. Not all emergency responders
are authorized
to seek reimbursement. Ask for a copy of the emergency services
reimbursement ordinance or statute. Refusal to submit it usually means
the department does not have authorization. It could also mean they
are
charging the spill generator under a mutual aid law that only entitles
them
to seek reimbursement from the municipality where the incident occurred.
The bottom line in such cases? The spill generator doesn't have to
pay.
The Spill Center provides round-the-clock support
to subscribers
after incidents involving diesel-fuel spills and accidental releases
of other
hazardous materials. You can reach them by phone, 800-847-0959; by
e-mail, spillcenter@spillcenter.com; and on the Web, www.spillcenter.com.
Copyright 1999 by Intertec Publishing Corporation, a PRIMEDIA
Company. All rights reserved.
