§ 143-215.104. Limited liability for volunteers in hazardous material abatement.
§ 143‑215.104. Limited liability for volunteers in hazardous material abatement.
Any person who provides assistance or advice in mitigating orattempting to mitigate the effects of an actual or threatened discharge ofhazardous materials, or in preventing, cleaning up, or disposing of or inattempting to prevent, clean up or dispose of any such discharge, when thereasonably apparent circumstances indicate the need for prompt decisions andaction, shall not be subject to civil liabilities of any type, unless:
(1) Prior to providing assistance or advice in mitigating orattempting to mitigate the effects of an actual or threatened discharge or inpreventing, cleaning up, or disposal of or in attempting to prevent cleanup ordisposal of any such discharge, he had incurred liability for the actual orthreatened discharge;
(2) He receives compensation other than reimbursement for out‑of‑pocketexpenses for his services in rendering assistance or advice, except that anindividual receiving compensation for employment from his regular employer forservices performed in preventing, cleaning up, or disposing of or in attemptingto prevent, clean up or dispose of a discharge shall not be deemed to havereceived compensation if his employer is entitled to the protection afforded bythis Part; or
(3) His act or omission led to damages resulting from his grossnegligence, or from his reckless, wanton, or intentional misconduct.
The limited immunity provided herein shall not be applicable to any actor omission or occurrence involving the operation of a motor vehicle. Thelimited immunity provided herein is waived to the extent of any indemnificationby insurance for damages caused by such volunteer. (1987, c. 269, s. 1.)