Chapter 127

2011 -- S 0186

Enacted 06/28/11

 

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:  

     (1) "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.  

     (3) "Person" includes 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

materials.

     (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 Rhode Island department of environmental

management.

     (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.

     

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LC00708

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