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§ 6022.301. Immunity from civil liability

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: February 20, 2001

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 29E. Hazardous Material Emergency Planning and Response Act
Chapter 3. Miscellaneous Provisions
Effective: February 20, 2001
35 P.S. § 6022.301
§ 6022.301. Immunity from civil liability
(a) General.--No Commonwealth agency, local agency, regional hazardous material organization, volunteer emergency service organization or hazardous material transporter, manufacturer, supplier or user that organized the certified hazardous material response team nor their elected officers, officials, directors and employees, and no certified hazardous material response team member, member of an industrial hazardous material response team, law enforcement officer, ambulance service or rescue squad member, firefighter or other emergency response or public works personnel engaged in any emergency service or response activities involving a hazardous material release at a facility or transportation accident site shall be liable for the death of or any injury to persons or loss or damage to property or the environment resulting from a response to a hazardous material release, except for any acts or omissions which constitute gross negligence or willful misconduct. Nothing in this section shall exempt any hazardous material transporter, manufacturer, supplier or user from liability for the death of or any injury to persons or loss or damage to property or the environment resulting from the release of any hazardous material.
(b) Council, local committees and mentoring council.--No member of the council, a local committee or a mentoring council shall be liable for the death of or any injury to persons or loss or damage to property or the environment or any civil damages resulting from any act or omission arising out of the performance of the functions, duties and responsibilities of the council, local committee or mentoring council, except for acts or omissions which constitute willful misconduct.
(c) Other.--No employee, representative or agent of a Commonwealth agency or local agency engaged in any emergency service or response activities involving a hazardous material release at a facility or transportation accident site shall be liable for the death of or any injury to persons or loss or damage to property resulting from that hazardous material release, except for any acts or omissions which constitute willful misconduct.

Credits

1990, Dec. 7, P.L. 639, No. 165, § 301, effective in 60 days. Amended 2000, Dec. 20, P.L. 885, No. 121, § 1, effective in 60 days.
35 P.S. § 6022.301, PA ST 35 P.S. § 6022.301
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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