(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.

Terms Used In Rhode Island General Laws 23-19.8-3

  • Discharge: includes , but is not limited to, any emission, other than natural seepage, intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or dumping. See Rhode Island General Laws 23-19.8-2
  • 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. See Rhode Island General Laws 23-19.8-2
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • 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. See Rhode Island General Laws 23-19.8-2
  • Person: includes 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. See Rhode Island General Laws 23-19.8-2
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9

(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 § 23-19.8-6.

History of Section.
P.L. 1984, ch. 148, § 1; P.L. 2011, ch. 118, § 1; P.L. 2011, ch. 127, § 1.