1. (1) Transports a hazardous material in commerce on a highway in the State; and

2. (2) Is at fault and causes a traffic accident in the State that results in:

   1. (i) A spill or discharge involving hazardous materials; and
   2. (ii) An emergency response, containment, cleanup, and abatement by the volunteer fire department, volunteer rescue squad, or volunteer ambulance company.

A motor carrier is responsible for the expense of an emergency response, containment, cleanup, and abatement of a spill of hazardous materials in a traffic accident by a volunteer fire department, volunteer rescue squad, volunteer ambulance company, or the individual members of the department, squad, or company if the motor carrier:

Added by Acts 1988, c. 760, § 1, eff. July 1, 1988; Acts 1988, c. 761, § 1, eff. July 1, 1988.