The purpose of the article is not to impose upon the Town, or
any of its officers and agents, an obligation to secure or remove
any hazardous material from the Town once safe containment of the
material is made or any obligation imposed by state or federal law
is satisfied and specifically that nothing in the article shall be
deemed to permit the possession, storage, or use of hazardous materials
except in conformance with all federal, state and local laws.
This article shall apply to all incidents involving hazardous
waste or hazardous materials within the boundaries of the Town of
Bedford and to all persons who may possess such materials found within
the Town except as prevailing state or federal laws or regulations
may take precedence and control over any such incident or person.
(See RSA 146-A and RSA 265:115-118 for examples of such prevailing
state law at the time this article is adopted.)
As used in this article, the following terms shall have the
meanings indicated:
HAZARDOUS MATERIALS
Those substances or materials in such quantities and forms
which may pose an unreasonable risk to health and safety of property,
which may include, but are not limited to, explosives, radioactive
material, etiologic agents, flammable liquids or solids, combustible
liquids or solids, poisons, oxidizing or corrosive materials, and
compressed gases which are listed by the Materials Transportation
Bureau of the United States Department of Transportation in Title
49 of the Code of Federal Regulations and any amendment thereto.
PERSON
Any individual, association, corporation, partnership, trust
or other legal entity.
USER
Any person who manufacturers or transports or owns, uses,
handles, stores, or has the legal authority to control hazardous materials,
specifically including their officers, directors, employees and agents.
Any user or transporter who causes or has knowledge of any discharge
or release of hazardous materials under his control or supervision,
in any manner which poses an actual or potential threat to any person,
animal, wildlife, vegetation, property, or the environment, shall
immediately report the incident to the Bedford Fire Department and
Bedford Police Department.
The Bedford Fire Department and the Bedford Police Department
shall promptly respond to each reported incident and take such action
as is necessary to protect public health, safety, property, and the
environment.
The user or transporter of a hazardous material which is intentionally
or accidentally discharged or released within the Town of Bedford
shall, in addition to reporting the accident as required, take immediate
action to cause the discharge or release to be cleaned up in an environmentally
safe and scientifically sound manner and to restore the site and the
surrounding environment at his own expense.
The user or transporter of the hazardous material, which was
discharged or released, shall be strictly liable to the Town of Bedford
for all cost incurred in the control, containment, and cleanup of
the hazardous materials. For this purpose, each user and transporter
shall be jointly and severally liable, and a suit in any court may
recover the costs from him or her with jurisdiction over the parties
and the amount claimed.
The intentional discharge or release of a hazardous material
within the Town of Bedford is strictly prohibited.
All costs and civil fines collected under this article shall
be placed in the general fund to offset appropriations used in the
control and containment of a hazardous material incident.