1. (a) In this section, “discharge” includes leakage, seepage, or other release of a hazardous substance or material.

2. (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. (1) Mitigating the effects of an actual or threatened discharge of a hazardous substance or material;
   2. (2) Preventing a discharge of a hazardous substance or material;
   3. (3) Cleaning up a discharge of a hazardous substance or material; or
   4. (4) Attempting any of the acts in this subsection.

3. (c) The immunity provided in subsection (b) of this section does not apply to a person:

   1. (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. (2) Who received compensation other than reimbursement for out-of-pocket expenses for rendering the assistance or advice.
4. (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.

Added as Courts and Judicial Proceedings § 5-357 by Acts 1990, c. 546, § 3. Renumbered as Courts and Judicial Proceedings § 5-617 by Acts 1997, c. 14, § 9, eff. April 8, 1997.