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Emergency Law Inventory | Full Law Text

Law Number

42 USCS 9607(d)

Summary Title

Liability: Hazardous Waste Assistance

Summary

An individual who provides care, assistance, or advice regarding the release, or threat of release, of a hazardous material will not be held legally responsible. They can be held legally responsible if acting with extreme carelessness. This section also applies to state and local governments aiding, assisting, or advising regarding a release of a hazardous waste.

Full Title

Liability

Full Text

(d) Rendering care or advice.(1) In general. Except as provided in paragraph (2), no person shall be liable under this title [42 USCS §§ 9601 et seq.] for costs or damages as a result of actions taken or omitted in the course of rendering care, assistance, or advice in accordance with the National Contingency Plan ("NCP") or at the direction of an onscene coordinator appointed under such plan, with respect to an incident creating a danger to public health or welfare or the environment as a result of any releases of a hazardous substance or the threat thereof. This paragraph shall not preclude liability for costs or damages as the result of negligence on the part of such person. (2) State and local governments. No State or local government shall be liable under this title [42 USCS §§ 9601 et seq.] for costs or damages as a result of actions taken in response to an emergency created by the release or threatened release of a hazardous substance generated by or from a facility owned by another person. This paragraph shall not preclude liability for costs or damages as a result of gross negligence or intentional misconduct by the State or local government. For the purpose of the preceding sentence, reckless, willful, or wanton misconduct shall constitute gross negligence. (3) Savings provision. This subsection shall not alter the liability of any person covered by the provisions of paragraph (1), (2), (3), or (4) of subsection (a) of this section with respect to the release or threatened release concerned.