Chapter 127
2011 -- S 0186
Enacted 06/28/11
A N A C T
RELATING TO
HEALTH AND SAFETY - HAZARDOUS WASTE CLEANUP
Introduced By: Senators Algiere, Sosnowski, and Maher
Date Introduced: February 09, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 23-19.8-2, 23-19.8-3 and 23-19.8-4 of
the General Laws in
Chapter 23-19.8 entitled
"Hazardous Waste Cleanup" are hereby amended
to read as follows:
23-19.8-2.
Definitions. -- As used in this chapter:
(1)
"Discharge" includes, but is not limited to, leakage and seepage
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 hazardous by any state or federal law
or by the regulations of any state or
federal government agency.
(3) "Person"
includes any individual, partnership, corporation, association, or any other
entity an individual, trust, firm, joint stock company,
corporation (including a government
corporation), partnership, association, the federal government or
any agency or subdivision
thereof, a state, municipality, commission, political
subdivision of a state, or any interstate body.
(4) "Oil"
means oil of any kind and in any form, whether crude, refined, or a petroleum
by product, including, but not limited to, petroleum,
fuel oil, gasoline, lubricating oils, oily
sludge, oil refuse, oil mixed with other wastes, crude
oils, liquified natural gas, propane, butane,
or other liquid hydrocarbons regardless of specific
gravity.
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 of any type when
responding voluntarily and at the request of:
(1) A governmental
agency;
(2) The person
responsible for any discharge;
(3) The person
responsible for preventing, cleaning up, or disposing of any discharge; or
(4) The agent or
authorized representative of any federal and/or state agency or person,
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 of any type.
(b) The
exemption set forth in this section shall apply to oil spill pollution prevention
activities and/or activities dedicated to the containment, clean
up or abatement of hazardous
materials.
(c) The exemptions to
liabilities set forth in this section shall apply to any city or town
fire department, fire district, volunteer fire association
or their hazardous materials and/or
decontamination teams or representatives from the
management.
(d) The exemptions from
liability provided by this subsection shall not apply if the person
is grossly negligent or engages in willful misconduct as
further defined in section 23-19.8-6.
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 pollution
prevention programs for sale to the public. any
person who:
(1) Is under a legal
duty to respond to the incident.
(2) Receives
compensation, other than reimbursement for out-of-pocket expenses, for its
services in rendering assistance or advice.
SECTION 2. This act shall take effect upon passage.
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LC00708
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