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§ 4-419. Liability of persons rendering care, assistance, or advice

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 4. Water Management (Refs & Annos)
Subtitle 4. Water Pollution Control and Abatement
MD Code, Environment, § 4-419
§ 4-419. Liability of persons rendering care, assistance, or advice
In general
(a) Notwithstanding any other provision of law, a person is not liable for costs of containment, cleanup, and removal of the discharge or damages as a result of acts or omissions taken in the course of rendering care, assistance, or advice consistent with this subtitle and the National Contingency Plan, or as otherwise directed by the federal on-scene coordinator or appropriate State official unless:
(1) The person is a person responsible for the discharge in accordance with § 4-401(j) of this subtitle;
(2) The person is a responsible party as defined by the federal Oil Pollution Act of 1990;1 or
(3) The person is grossly negligent or engages in willful misconduct.
Personal injury or wrongful death
(b) Nothing in subsection (a) of this section shall be construed to affect or limit any cause of action for personal injury or wrongful death arising from an act or omission of a person responding to a discharge.
Liability of responsible party
(c) A responsible party as defined by the federal Oil Pollution Act of 1990 or a person responsible for the discharge as defined in § 4-401(j) of this subtitle is liable for any containment, cleanup, and removal costs or damages that another person is relieved of under this section.

Credits

Added by Acts 1990, c. 66. Amended by Acts 1992, c. 459; Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 2006, c. 44, § 6, eff. April 8, 2006.

Footnotes

Pub.L. 101-380, Aug. 18, 1990, 104 Stat. 484, codified at 33 U.S.C.A. § 2701 et seq.
MD Code, Environment, § 4-419, MD ENVIR § 4-419
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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