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§ 5-617. Persons assisting in controlling discharge of hazardous substance

MD Cts & Jud Pro Code § 5-617 (2019) (N/A)
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(a)    In this section, “discharge” includes leakage, seepage, or other release of a hazardous substance or material.

(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.

(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.

(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.

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