§1401. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 111 (NEW).] 1. Discharge. “Discharge” includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, disposing, emptying or dumping onto the land or into the water or ambient air. […]
§1402. Immunity Notwithstanding any provision of law, no person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up, or disposing of or in attempting to prevent, clean-up or dispose of any such discharge, may be subject to […]
§1403. Exceptions The immunities provided in section 1402 do not apply to any person: [PL 1983, c. 111 (NEW).] 1. Persons causing the discharge. Whose act or omission caused in whole or in part the actual or threatened discharge and who would otherwise be liable therefore; or [PL 1983, c. 111 (NEW).] 2. […]
§1404. Liability for gross negligence or reckless, wanton or intentional misconduct Nothing in section 1402 limits or otherwise affects the liability of any person for damages resulting from that person’s gross negligence, or from that person’s reckless, wanton or intentional misconduct. [PL 1983, c. 111 (NEW).] SECTION HISTORY PL 1983, c. 111 (NEW).
