HARRY HUGHES, Governor

685

BY adding to

Article - Health - Environmental

Section 7-229

Annotated Code of Maryland

(1982 Volume and 1983 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - Environmental

7-229.

(A)  IN THIS SECTION "DISCHARGE" INCLUDES LEAKAGE, SEEPAGE,
OR OTHER RELEASE OF A HAZARDOUS SUBSTANCE SUBSTANCE OR MATERIAL.

(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)  MITIGATING THE EFFECTS OF AN ACTUAL OR THREATENED
DISCHARGE OF A HAZARDOUS SUBSTANCE SUBSTANCE OR MATERIAL;

(2)  PREVENTING A DISCHARGE OF A HAZARDOUS SUBSTANCE
SUBSTANCE OR MATERIAL;

(3)  CLEANING UP OR DISPOSING OF A DISCHARGE OF A
HAZARDOUS SUBSTANCE SUBSTANCE OR MATERIAL; OR

(4)  ATTEMPTING ANY OF THE ACTS IN THIS SUBSECTION.

(C)  THE IMMUNITY PROVIDED IN SUBSECTION (B) OF THIS SECTION
DOES NOT APPLY TO ANY PERSON:

(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)  WHO RECEIVED COMPENSATION OTHER THAN
REIMBURSEMENT FOR OUT-OF-POCKET EXPENSES FOR RENDERING THE
ASSISTANCE OR ADVICE.

(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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1984.

Approved May 8, 1984.