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Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

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  260.545.  Providing assistance at request of department, political subdivision or volunteer fire protection district, liability for actions, when. — Any person who provides assistance, including equipment or materials, at the request of the department or a political subdivision or volunteer fire protection district or by previous agreement with the department or political subdivision or volunteer fire protection district in the event of a release of a hazardous substance shall not be held liable in any civil action for damages as a result of that person's acts or omissions in rendering such assistance.  Nothing in this section shall relieve any person from civil damages in the following circumstances:

  (1)  Where the release referred to is the result of the person's having control of a spilled hazardous substance;

  (2)  Where the person rendered assistance for payment beyond reimbursement for out-of-pocket expenses or with the expectation of such payment; or

  (3)  For acts or omissions which result from intentional wrongdoing or gross negligence.

­­--------

(L. 1983 H.B. 528, A.L. 1988 S.B. 535, A.L. 1990 H.B. 1395 & 1448)


---- end of effective   28 Aug 1990 ----

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