260.552. Liability limitation for persons in business of hazardous waste cleanup created by others, exceptions--waste cleanup of environmental hazard defined.
Liability limitation for persons in business of hazardous wastecleanup created by others, exceptions--waste cleanup of environmentalhazard defined.
260.552. 1. No person engaged in the business of wastecleanup of environmental hazards created by others, includingasbestos, shall be liable for any damages arising from therelease or discharge of a pollutant, resulting from suchactivity, in an amount greater than one million dollars to anyone person or three million dollars to all persons for a singleoccurrence. The limitation of liability of this section shallnot:
(1) Affect any right of indemnification which such personhas, or may acquire by contract, against any other person who isliable for creating an environmental hazard;
(2) Apply to persons who intentionally, wantonly, orwillfully violate federal or state regulations respecting theclean-up process.
2. For purposes of this* section, the phrase "business ofwaste cleanup of environmental hazard" shall mean an activityincluding the investigation, evaluation, planning, design,engineering, removal, construction and ancillary services, whichis carried out to abate or clean up a pollutant.
(L. 1987 H.B. 700 § 37)Effective 7-1-87
*Word "the" appears in original rolls.