17-17-57 - Immunity of persons rendering aid in accidents involving discharge of hazardous materials. - Mississippi Statutes

§ 17-17-57. Immunity of persons rendering aid in accidents involving discharge of hazardous materials.
 

(1)  For the purposes of this section, the following words shall have the meaning ascribed herein unless the context clearly requires otherwise: 

(a) "Discharge" shall include leakage, seepage or other release of any hazardous material. 

(b) "Hazardous materials" shall include all materials and substances which are now or hereafter designated or defined as hazardous by any state or federal law or by regulation of any state or federal agency. 

(c) "Person" shall include any individual, partnership, corporation, association or other entity. 

(2)  Notwithstanding any provision of law to the contrary, no person who in good faith and in the exercise of reasonable care, and not in anticipation or expectation of receiving compensation therefor, renders 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 liabilities or penalties as a result of any act committed in good faith and in the exercise of reasonable care or omission in good faith and in the exercise of reasonable care by such person in rendering emergency assistance, or advice. 

(3)  Nothing in subsection (2) of this section shall be construed to limit the liability of any person for any act not directly related to the 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. 

(4)  The immunities provided in subsection (2) of this section shall not apply to any person whose act or omission caused in whole or in part such actual or threatened discharge and who would otherwise be liable therefor. 

(5)  Nothing in subsection (2) 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 conduct. 
 

Sources: Laws,  1985, ch. 358, eff from and after July 1, 1985.