Section 23-19.8-1. – Short title.

§ 23-19.8-1. Short title. This chapter may be cited as the “Hazardous Waste Cleanup Good Samaritan Act”. History of Section.P.L. 1984, ch. 148, § 1.

Section 23-19.8-2. – Definitions.

§ 23-19.8-2. Definitions. As used in this chapter: (1) “Discharge” includes, but is not limited to, any emission, other than natural seepage, intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or dumping. (2) “Hazardous materials” include all materials and substances which are now or hereafter designated as […]

Section 23-19.8-3. – Exemption from liability.

§ 23-19.8-3. Exemption from liability. (a) Notwithstanding any provision of law to the contrary, no qualified or trained person who provides assistance or advice in mitigating the effects of an accidental or threatened discharge of hazardous materials, or in preventing, cleaning up, or disposing of the discharge, shall be subject to civil liabilities or penalties […]

Section 23-19.8-4. – Exemptions to immunities.

§ 23-19.8-4. Exemptions to immunities. The immunities provided in § 23-19.8-3 shall not apply to the responsible party or to any vendor of a responsible party. For the purpose of this section, “vendor” means any individual, trust, firm, corporation, partnership, or association that offers oil mitigation services, containment services, clean up activities or oil spill […]

Section 23-19.8-5. – Common carriers.

§ 23-19.8-5. Common carriers. Nothing in § 23-19.8-3 shall affect the liability of any person who is legally obligated to render assistance. A common carrier shall not be deemed to be legally obligated under the meaning of the preceding sentence if prior to rendering assistance that carrier was under no legal duty with respect to […]

Section 23-19.8-6. – Gross negligence and reckless misconduct.

§ 23-19.8-6. Gross negligence and reckless misconduct. Nothing in § 23-19.8-3 shall be construed to limit or otherwise affect the liability of any person for damages resulting from the person’s gross negligence or from the person’s reckless, wanton, or intentional misconduct. History of Section.P.L. 1984, ch. 148, § 1.