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Unannotated Code of Maryland (Last Updated: May 16, 2014) |
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COURTS AND JUDICIAL PROCEEDINGS |
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TITLE 5. LIMITATIONS, PROHIBITED ACTIONS, AND IMMUNITIES |
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SUBTITLE 6. IMMUNITIES AND PROHIBITED ACTIONS -- HEALTH AND PUBLIC SAFETY |
§ 5-617. Persons assisting in controlling discharge of hazardous substance
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(a) "Discharge" defined. -- In this section, "discharge" includes leakage, seepage, or other release of a hazardous substance or material.
(b) Immunity generally. -- Except as provided in subsections (c) and (d) of this section, a person who is called on for assistance in an emergency is not subject to any civil liability or penalty as a result of assistance or advice rendered in:
(1) Mitigating the effects of an actual or threatened discharge of a hazardous substance or material;
(2) Preventing a discharge of a hazardous substance or material;
(3) Cleaning up a discharge of a hazardous substance or material; or
(4) Attempting any of the acts in this subsection.
(c) Exceptions. -- The immunity provided in subsection (b) of this section does not apply to a person:
(1) Whose act or omission was the original cause of an actual or threatened discharge in whole or in part, and who would otherwise be liable for the act or omission; or
(2) Who received compensation other than reimbursement for out-of-pocket expenses for rendering the assistance or advice.
(d) Gross negligence, etc. -- Notwithstanding subsection (b) of this section, a person is liable for damages caused by that person's gross negligence or reckless, wanton, or intentional misconduct.