1. (a) Notwithstanding any provision of law to the contrary, no person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up, or disposing of or in attempting to prevent, clean up, or dispose of any such discharge, shall be subject to civil liability or civil penalties of any type growing out of such assistance or advice.

2. (b) The immunities provided in subsection (a) of this Section shall not apply to any person:

   1. whose act or omission caused in whole or in part such actual or threatened discharge and who would otherwise be liable therefor; or 2. who receives compensation, other than reimbursement for out-of-pocket expenses, for services in rendering such assistance or advice. (c) Nothing contained in subsection (a) of this Section shall be construed to limit or otherwise affect the liability of any person for damages resulting from such person's gross negligence or from such person's reckless, wanton, or intentional misconduct.

3. (d) This Section shall not apply to hazardous waste as defined in the Environmental Protection Act.

(from Ch. 95 1/2, par. 700-11.1)

(Source: P.A. 90-655, eff. 7-30-98.)