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Liability of Persons Mitigating the Effects of Discharge of Hazardous Materials (Maine Revised Statutes: Title 38 - Waters and Navigation; Chapter 14)

Country/Territory
United States of America
Territorial subdivision
Maine
Document type
Legislation
Date
2018
Source
FAO, FAOLEX
Subject
Waste & hazardous substances
Keyword
Hazardous substances Liability/compensation Waste disposal Waste management
Geographical area
Americas, Arctic, East Pacific, North America, North Atlantic
Abstract

This chapter of the Maine Revised Statutes concerns liability of persons mitigating the effects of discharge of hazardous materials. It provides that, notwithstanding any provision of law, no person who provides 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, may be subject to civil liabilities or penalties of any type. These immunities do not apply to any person whose act or omission caused in whole or in part the actual or threatened discharge and who would otherwise be liable therefore; or who receives compensation other than reimbursement for out-of-pocket expenses for its services in rendering the assistance or advice. Nothing under this law or otherwise affects the liability of any person for damages resulting from that person's gross negligence, or from that person's reckless, wanton or intentional misconduct.

Full text
English
Website
legislature.maine.gov