[HISTORY: Adopted by the Annual Town Meeting of the Town
of Hudson 3-12-1994 as Art. 31. Amendments noted where applicable.]
GENERAL REFERENCES
Emergency management — See Ch. 197.
This chapter is enacted under the authority of RSA 31:39, RSA
41:11, RSA 47:17, VII, and RSA 154.
This chapter repeals Ord. No. O90-10 in its entirety, which
was adopted by the Hudson Town Council on October 15, 1991.[1]
[1]
Editor's Note: This ordinance was included in the Code
as former Ch. 233, Hazardous Materials.
The purpose of this chapter is to provide for the control and
containment of hazardous materials after accident or discharge. The
purpose of the 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;
and nothing in the chapter is intended to relieve any owner or person
in possession of hazardous material of any obligation imposed by state
or federal law; and, specifically, nothing in the chapter shall be
deemed to permit the possession, storage or use of hazardous materials,
except in conformance with all state, federal or local laws.
This chapter shall apply to all incidents involving hazardous
waste or hazardous materials within the boundaries of the Town of
Hudson, New Hampshire, 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 265:115-118 for examples
of such prevailing state law at the time this chapter is adopted.)
For the purpose of this chapter, the following definitions apply:
The management, control, containment, recovery, removal or
neutralization of any released hazardous material for the purpose
of promoting or protecting public health or safety.
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 and 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 individual, partnership, corporation, association, trust
or other entity partially or solely responsible for the release of
any hazardous material within the town.
Any person who manufactures 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 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 Hudson Fire Department.
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 § 233-6, 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 Hudson is strictly prohibited.
A.
Upon the completion of any cleanup in which town employees participated,
all costs incurred by the town, either within the town or outside
of the town pursuant to the provisions of the Mutual Aid System, shall
be itemized by each town department involved, including the Fire Department.
Such costs shall include but are not limited to the cost of cleaning,
repair, restoration or replacement of any town material or equipment
used in the cleanup, the cost of any illness or injury sustained by
any employee who participated in the cleanup, the cost of the police,
fire, public safety and municipal personnel involved in the emergency
response and the costs of all contracted services utilized in the
cleanup.
B.
The Fire Department shall, upon receipt of these itemizations, submit
a bill for the full cost of the cleanup to the responsible party or
parties within thirty (30) days after the equipment leaves the site
of the incident. The bill shall include a description of costs incurred.
Bills for less than the full amount of these costs shall be allowed,
provided that the responsible party is advised of the reason therefor
and the approximate date by which it can expect to receive a complete
bill.
C.
Each responsible party shall be jointly and severally liable to the
town for the costs of the cleanup. Such costs may be collected by
any lawful means, including but not limited to appropriate court proceedings.
All funds received from responsible parties shall be forwarded to
the Finance Officer for deposit in the Town Treasury.
D.
Any and all costs recovered from a responsible party shall be separate
from and in addition to any penalty that may be assessed for any violation
of any provision of this chapter.
A.
Any person who fails to report, as required by § 233-6, shall be assessed a civil forfeiture not to exceed one thousand dollars ($1,000.). Each twenty-four-hour period that the incident is not reported shall constitute 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 civil forfeiture not to exceed one thousand dollars
($1,000.).
C.
Any person who fails to take the action required by § 233-7 shall be assessed a civil forfeiture not to exceed one thousand dollars ($1,000.). Each twenty-four-hour period that a person fails to take action to cause the discharge or release of a hazardous material to be cleaned up shall constitute a separate violation.
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.
The Fire Chief of the Town of Hudson or his designated representative(s)
shall take and be in control of any actions necessary to mitigate
a hazardous materials incident within the Town of Hudson, except where
state or federal agencies have jurisdiction by law.
The Fire Department of the Town of Hudson shall be responsible
for enforcing this chapter.
