§ 8-7-512 - Liability for costs.
8-7-512. Liability for costs.
(a) Any of the following shall be liable to the state for all costs of remedial or removal actions under this subchapter:
(1) The owner and operator of a facility;
(2) Any person who, at the time of disposal of any hazardous substance, owned or operated a hazardous substance site;
(3) Any generator of hazardous substances who caused such a substance to be disposed of at a hazardous substance site or who causes a release or threatened release of the hazardous substances; or
(4) Any transporter of hazardous substances who causes a release or threatened release of the hazardous substances or who selected a hazardous substance site for disposal of the hazardous substances.
(b) (1) No person shall be liable under this subchapter for damages as a result of actions taken or omitted in the course of rendering care, assistance, or advice at the direction of the Arkansas Department of Environmental Quality, with respect to an incident creating a danger to public health or welfare or the environment as a result of any release of a hazardous substance or the threat of a release of a hazardous substance.
(2) (A) This subsection shall not preclude liability for damages as a result of gross negligence or intentional misconduct on the part of the person, nor shall this subsection preclude liability for damages and costs of remedial or removal action of any person liable for such damages and costs pursuant to subsection (a) of this section.
(B) For the purposes of subdivision (b)(2)(A) of this section, reckless, willful, or wanton misconduct shall constitute gross negligence.
(c) (1) A person taking remedial or removal action under this subchapter as a contractor for the department shall not be liable under this subchapter or under any other state law to any person for injuries, costs, damages, expenses, or other liability, including, but not limited to, claims for indemnification or contribution and claims by third parties for death, personal injury, illness, loss of or damage to property, or economic loss resulting from a release or threatened release of hazardous substances.
(2) However, the provisions of this subsection shall not apply in case of a release that is caused by the conduct of the person taking remedial or removal action that is negligent or grossly negligent or which constitutes intentional misconduct.
(d) A state employee or an employee of a political subdivision who provides services relating to remedial or removal action while acting within the scope of his or her authority as a governmental employee shall have the same exemption from liability, subject to the other provisions of this section, as is provided to the removal or remediation action contractor under subsection (c) of this section.
(e) (1) Nothing in subsection (c) or subsection (d) of this section shall affect the liability of any person under warranty under state or common law.
(2) Nothing in this subsection shall affect the liability of an employer taking remedial or removal action to any employee of any such employer under any provision of law, including any provision of any law relating to workers' compensation.