{"Hazardous material":"Includes environmental hazardous substances (such as petroleum) as defined by the state of New Jersey, the federal EPA, and CERCLA."}
Emergency Law Inventory | Full Law Text

Law Number

N.J. Stat. 2A:62A-7

Summary Title

Liability: Before and After Hazardous Discharge

Summary

An individual who prepares for or respond to a hazardous materials discharge by providing care, assistance, or advice will not be held legally responsible for acting or failing to act. They can be held legally responsible if they caused the discharge.

Full Title

Third party immunity

Full Text

a. Notwithstanding the provisions of any other law to the contrary, no individual, partnership, corporation, association, or other entity shall be liable for civil damages as a result of acts taken or omitted in anticipation of, in preparation for, or in the course of rendering care, assistance, or advice with respect to an incident creating a danger to persons, property, or the environment as a result of an imminent, potential, or actual hazardous discharge. This limitation on potential liability shall not be construed to cover the action of the person responsible for the hazardous discharge, but is applicable only to third parties rendering assistance to mitigate the effects of a hazardous discharge. b. For the purposes of this act, hazardous discharge means a discharge of a hazardous substance required to be reported to the Department of Environmental Protection pursuant to P.L. 1976, c. 141 (C. 58:10-23.11 et seq.) and any rules and regulations adopted pursuant thereto.