Section 6-5-332.1 Immunity of Persons Assisting or Advising as to Mitigation of Effects of Discharge of Hazardous Materials; Nonimmunity of Certain Persons.

(a) As used in this section, the following words and terms shall have meanings respectively ascribed to them by this section: (1) DISCHARGE. Includes leakage, seepage, or other release. (2) HAZARDOUS MATERIALS. Includes all materials and substances which are now or hereafter designated or defined as hazardous by any state or federal law or by the regulations of any state or federal government agency. (3) PERSON. Includes any qualified individual, partnership, corporation, association, or other entity. A qualified individual is one who is trained in the handling of hazardous materials. (b) Notwithstanding any provision of law to the contrary, no person, including a response action contractor as defined in Section 22-35-3, 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, shall be subject to civil liabilities or penalties of any type. (c) The immunities provided in subsection (b) of this section shall not apply to any person whose acts or omissions proximately caused, in whole or in part, the original actual or threatening discharge or any additional or further actual or threatening discharge. (d) Nothing in subsection (b) 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 misconduct. (e) Nothing in subsection (b) of the this section shall be construed to limit or otherwise affect the liability of any product manufacturer or seller for damages where such manufacturer or seller’s product proximately caused, in whole or in part, the original actual or threatening discharge; any additional or further actual or threatening discharge; or the additional or further migration of the original actual discharge.