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 administrative 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.
Added by Laws 1986, c. 80, § 12, eff. Nov. 1, 1986. Amended by Laws 2002, c. 474, § 2, emerg. eff. June 6, 2002.