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.
- Any individual, association, corporation, partnership, trust or other legal entity.
- 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.
Any person, firm, or corporation found violating any of the provisions of this article shall be guilty of a violation and, upon conviction thereof, shall pay a civil fine of not more than $500 for each offense.
Each twenty-four-hour period that an accident is not reported shall constitute a separate offense.
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.