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§47-230.12.
§47-230.12.
A. No person who provides assistance or advice in mitigating or
attempting to mitigate the effects of an actual or threatened
discharge of hazardous material, or in preventing, cleaning up, or
disposing or in attempting to prevent, clean up or dispose of any such
discharge, shall be subject to any civil liability or civil penalties
as a result of such assistance or advice.
B. The immunities provided in subsection A of this section shall not
apply:
1. to any person whose act or omission caused in whole or in part such
actual or threatened discharge and who would otherwise be liable
therefor;
2. to any person who receives compensation, other than reimbursement
for out-of-pocket expenses, for services in rendering such assistance
or advice; or
3. to a common carrier relative to its handling or transporting of
hazardous materials.
C. Nothing contained in subsection A of this section shall be
construed to limit or otherwise affect the liability of any person for
damages resulting from such person's gross negligence, or from such
person's reckless, wanton or intentional misconduct.
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