Section 5-617 - Persons assisting in controlling discharge of hazardous substance.
§ 5-617. Persons assisting in controlling discharge of hazardous substance.
(a) "Discharge" defined.- In this section, "discharge" includes leakage, seepage, or other release of a hazardous substance or material.
(b) Immunity generally.- Except as provided in subsections (c) and (d) of this section, a person who is called on for assistance in an emergency is not subject to any civil liability or penalty as a result of assistance or advice rendered in:
(1) Mitigating the effects of an actual or threatened discharge of a hazardous substance or material;
(2) Preventing a discharge of a hazardous substance or material;
(3) Cleaning up a discharge of a hazardous substance or material; or
(4) Attempting any of the acts in this subsection.
(c) Exceptions.- The immunity provided in subsection (b) of this section does not apply to a person:
(1) Whose act or omission was the original cause of an actual or threatened discharge in whole or in part, and who would otherwise be liable for the act or omission; or
(2) Who received compensation other than reimbursement for out-of-pocket expenses for rendering the assistance or advice.
(d) Gross negligence, etc.- Notwithstanding subsection (b) of this section, a person is liable for damages caused by that person's gross negligence or reckless, wanton, or intentional misconduct.
[1990, ch. 546, § 3; 1997, ch. 14, § 9; 2002, ch. 19, § 10.]