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Emergency Law Inventory | Full Law Text

Law Number

12 L.P.R.A. 1291

Summary Title

Liability: Hazardous Substances Removal

Summary

An individual who, at the direction of a public official, assists in removal, cleaning, or disposal of hazardous substances will not be held legally responsible for property damage that results from acting or failing to act. They can be held legally responsible if they act with carelessness or if they cause personal injury or death. They can also be held legally responsible if they caused the hazardous materials accident.

Full Title

Limited immunity of liability

Full Text

(a) The provisions of any other law notwithstanding, no person or intervening party shall be liable for the cleaning, removal or disposal expenses or for the damages caused by actions or omissions while remedying or trying to remedy or eliminate an oil or hazardous substances spill or while providing or rendering attention, help, assistance, or counsel following the National Contingency Plan or answering to the instructions and orders of the Federal On-Scene Coordinator or the designated Commonwealth official. (b) The aforementioned immunity shall not apply to: (1) The parties liable for the spill as defined in § 1290(h) of this title. (2) Incidents causing personal damages or death. (3) Incidents where negligence or actions contrary to law are shown. (c) The liable party shall answer for the cleaning, removal or disposal expenses as well as for the damages caused by any other person relieved from responsibility under this section. (d) This chapter does not exempt from the liability any responsible party may have for any kind of oil or hazardous substances spill.

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