[HISTORY: Adopted by the Town of Derry 5-3-1988; amended 8-4-1992.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 50.
Solid waste — See Ch. 128.
This chapter is enacted under the authority of RSA 31:39, RSA 41:11
and RSA 47:17, VII.
The purpose of this chapter is to provide for the control and containment
of hazardous materials after accident or discharge. The purpose of this chapter
is not to impose upon the Town, or any of its officers and agents, any obligation
to secure or remove any hazardous material from the Town once safe containment
of the material is made. Nothing in this chapter is intended to relieve any
owner or person in possession of hazardous material of any obligation imposed
by the state or federal law, and nothing in this chapter shall be deemed to
permit the possession, storage, or use of hazardous materials except in conformance
with all federal, state and local laws.
This chapter shall apply to all incidents involving hazardous waste
or hazardous materials within the boundaries of the Town of Derry 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, RSA 147 and RSA 265:115 to 118
for examples of such prevailing state law at the time this chapter is adopted.)
For purposes of this chapter, the following definitions apply:
Those substances or materials in such quantity and form which may
pose an unreasonable risk to health and safety or property, which may include
but are not limited to explosives, radioactive materials, 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, corporation, partnership, trust or other legal entity.
Any person who manufactures or transports or owns, uses, handles,
stores, or has the legal authority to control hazardous materials, specifically
including its officers, directors, employees and agents.
Any person who causes or has knowledge of any discharge or release of
hazardous materials from their safe container, in any manner which poses an
actual or potential threat to people, animals, wildlife, vegetation, property
or the environment, shall immediately report the incident to the Derry Police
Department.
The Fire Chief of the Town of Derry, or his or her designated representative(s),
shall take and be in control of any actions necessary to mitigate a hazardous
material incident within the Town of Derry as required by law and except where
state or federal agencies have jurisdiction by law.
The user or transporter of a hazardous material which is intentionally or accidentally discharged or released within the Town shall, in addition to reporting the accident as required by § 63-5, 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.
The intentional discharge or release of a hazardous material within
the Town of Derry is strictly prohibited.
A.
Any person who fails to report, as required by § 63-5 above, shall be assessed a penalty not to exceed $1,000. Each twenty-four-hour period that the incident is not reported constitutes a separate violation.
B.
Any person who intentionally discharges or releases,
or causes another to discharge or release, any hazardous materials from their
safe container, in any manner which poses an actual or potential threat to
people, animals, wildlife, vegetation, property, or the environment, shall
be assessed a penalty not to exceed $1,000.
Nothing in this chapter shall be construed to limit any other remedy
the Town may have to collect from a responsible party the cost of control
and containment of hazardous materials incidents.
All costs and penalties collected under this chapter shall be placed
in the general fund to offset expenses incurred from a hazardous materials
incident.
The Town Administrator of the Town of Derry shall be responsible for
enforcing this chapter.
