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Some Question Law Used To Justify Fire Fees

Hundreds Respond To Family’s $28,000 Bill

POSTED: 5:34 pm EST February 18, 2010
UPDATED: 6:58 pm EST February 18, 2010

An Indiana lawmaker has pledged to investigate how a New Castle family could be charged nearly $28,000 to fight a fire that destroyed their home.

Emergency Services Billing Corporation, based in Brownsburg, sent Brian and Darline Fairchild an itemized bill including charges for water and refilling firefighters' oxygen tanks after last year's fire, 6News' Joanna Massee reported, after the Cadiz/Harrison Township Volunteer Fire Department battled the blaze.

"I said 'Oh my God, they've got to be kidding," Darline Fairchild said.

Company owner Robert Blackford said federal environmental law allows him to bill unlimited fees for the departments' services, and that Indiana law permits departments to set fees themselves.

But Rep. Dan Burton said he thought the law -- The Comprehensive Environmental Response, Compensation and Liability Act introduced in 1980 -- was supposed be used for major environmental cleanups.

"I'm going to talk to the chairmen of the various committees that deal with this and I'm also going to call over to the (Environmental Protection Agency)," Burton said.

An EPA spokesman told Massee on Thursday that cars and houses can be considered hazardous waste sites, but that this is the first time he had been made hear the law was being used in such a way.

"You can consider just about anything, many things, to be facilities," said EPA attorney Larry Kite.

Blackford said nothing will stop him from charging the fees. He is currently suing insurance companies that have refused to pay in federal court.

State Fire Marshal James Greeson said his office recommends limited charges, but said there are no consequences if departments choose to charge more.

State Sen. Allen Paul proposed legislation related to fire fees this session, but withdrew the bill citing the need for more study. He said he hopes to revisit the issue more next session.

Send e-mail: toughquestion@6news.com

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