2011 -- S 0186
A N A C T
RELATING TO HEALTH AND SAFETY - HAZARDOUS WASTE CLEANUP
Introduced By: Senators Algiere, Sosnowski, and Maher
Date Introduced: February 09, 2011
It is enacted by the General Assembly as follows:
SECTION 1. Sections 23-19.8-2, 23-19.8-3 and 23-19.8-4 of the General Laws in
Chapter 23-19.8 entitled "Hazardous Waste Cleanup" are hereby amended to read as follows:
23-19.8-2. Definitions. -- As used in this chapter:
"Discharge" includes, but is not limited to,
leakage and seepage
any emission, other
than natural seepage, intentional or unintentional, and includes, but is not limited to, spilling,
leaking, pumping, pouring, emitting, emptying or dumping.
(2) "Hazardous materials" include all materials and substances which are now or
hereafter designated as hazardous by any state or federal law or by the regulations of any state or
federal government agency.
any individual, partnership, corporation, association, or any other
entity an individual, trust, firm, joint stock company,
corporation (including a government
corporation), partnership, association, the federal government or any agency or subdivision
thereof, a state, municipality, commission, political subdivision of a state, or any interstate body.
(4) "Oil" means oil of any kind and in any form, whether crude, refined, or a petroleum
by product, including, but not limited to, petroleum, fuel oil, gasoline, lubricating oils, oily
sludge, oil refuse, oil mixed with other wastes, crude oils, liquified natural gas, propane, butane,
or other liquid hydrocarbons regardless of specific gravity.
23-19.8-3. Exemption from liability.-- (a) Notwithstanding any provision of law to the
contrary, no qualified or trained person who provides assistance or advice in mitigating the
effects of an accidental or threatened discharge of hazardous materials, or in preventing, cleaning
up, or disposing of the discharge, shall be subject to civil liabilities or penalties of any type when
responding voluntarily and at the request of:
(1) A governmental agency;
(2) The person responsible for any discharge;
(3) The person responsible for preventing, cleaning up, or disposing of any discharge; or
(4) The agent or
authorized representative of any federal and/or state agency or person
provides assistance or advice in mitigating the effects of an
accidental or threatened discharge of hazardous materials, or in preventing, cleaning up, or
disposing of the discharge, shall be subject to civil liabilities or penalties of any type.
(b) The exemption set forth in this section shall apply to oil spill pollution prevention
activities and/or activities dedicated to the containment, clean up or abatement of hazardous
(c) The exemptions to liabilities set forth in this section shall apply to any city or town
fire department, fire district, volunteer fire association or their hazardous materials and/or
decontamination teams or representatives from the
(d) The exemptions from liability provided by this subsection shall not apply if the person
is grossly negligent or engages in willful misconduct as further defined in section 23-19.8-6.
23-19.8-4. Exemptions to immunities.--
The immunities provided in 23-19.8-3 shall not apply to the responsible party or to any
vendor of a responsible party. For the purpose of this section, "vendor" means any individual,
trust, firm, corporation, partnership, or association that offers oil mitigation services, containment
services, clean up activities or oil spill pollution
prevention programs for sale to the public.
any person who: (1) Is under a legal
duty to respond to the incident. (2) Receives
compensation, other than reimbursement for out-of-pocket expenses, for its services in rendering assistance or advice.
SECTION 2. This act shall take effect upon passage.