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§ 5-617. Cleaning up hazardous substances or materials

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 6. Immunities and Prohibited Actions--Health and Public Safety (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 5-617
§ 5-617. Cleaning up hazardous substances or materials
Currentness
Discharge defined
(a) In this section, “discharge” includes leakage, seepage, or other release of a hazardous substance or material.
Persons called in to assist in emergency
(b) 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.
No immunity for persons who caused discharge or received compensation
(c) 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.
Liability for gross negligence or reckless, wanton, or intentional misconduct
(d) 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.

Credits

Added as Courts and Judicial Proceedings § 5-357 by Acts 1990, c. 546, § 3. Renumbered as Courts and Judicial Proceedings § 5-617 by Acts 1997, c. 14, § 9, eff. April 8, 1997.
MD Code, Courts and Judicial Proceedings, § 5-617, MD CTS & JUD PRO § 5-617
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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