1(1) 2For the purpose of this section:8(a) 9The term “hazardous materials” includes all materials and substances which are now designated or defined as hazardous by the law of this state or federal law or by the rules or regulations of this state or any federal agency.
48(b) 49The term “spill” includes the accidental spilling, leaking, pumping, pouring, emitting, or dumping of any hazardous waste or material which creates an emergency hazardous situation or is expected to create an emergency hazardous situation.
83(c) 84An “emergency hazardous situation” exists whenever there is an imminent and substantial threat to public health and safety.
102(2) 103Notwithstanding any provision of the law to the contrary, no person who provides good faith assistance or advice in immediately containing or treating, or attempting to contain, treat, or prevent, an actual or threatened spill is subject to civil liabilities or penalties of any type. Except for the immediate response to the spill or threatened spill, all activities to prevent, contain, clean up, and dispose of, or to attempt to prevent, contain, clean up, and dispose of, the hazardous material shall be in accordance with applicable state and federal law.
193(3) 194The immunities provided in subsection (2) do not apply to any person:206(a) 207Whose act or omission causes in whole or in part such actual or threatened discharge and who would otherwise be liable therefor;
229(b) 230Who receives compensation other than reimbursement for out-of-pocket expenses for services in rendering such assistance or advice;
247(c) 248Who fails to act as an ordinary reasonably prudent person would have acted under the same or similar circumstances; or
268(d) 269Who fails to comply with the lawful instruction of an on-scene, governmentally supervised, operational emergency response team whose duty is to prevent, contain, or clean up the spill.
297(4) 298Nothing in subsection (2) shall be construed to limit or otherwise affect the liability of:313(a) 314Any person for damages resulting from such person’s gross negligence or from such person’s reckless, wanton, or intentional misconduct; or
334(b) 335Any person for the improper management of the hazardous waste or material after the emergency spill response activities are completed.
