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65-3472

Chapter 65.--PUBLIC HEALTH Article 34.--SOLID AND HAZARDOUS WASTE

65-3472. Immunity; exceptions.(a) Any person who renders assistance or advice concerning anemergency or accident involving threatened discharge of hazardous materialsor the cleanup thereof shall not be liable for any civil damages for anyacts or omissions at the scene of the emergency or accident in mitigatingor attempting to mitigate the actual or threatened discharge of hazardousmaterials or cleanup thereof.

(b) The immunity provided in subsection (a) shall not apply to anyperson (1) whose act or omission caused in whole or in part such actual orthreatening discharge and who would otherwise be liable therefor; or (2)who receives compensation other than reimbursement for out-of-pocketexpenses for services in rendering such assistance or advice.

(c) Nothing in this section shall be construed to limit or otherwiseaffect the liability of any person for damages resulting from such person'sgross negligence or from such person's reckless, wanton or intentional misconduct.

History: L. 1984, ch. 220, § 2; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter65 > Article34 > Statutes_26542

65-3472

Chapter 65.--PUBLIC HEALTH Article 34.--SOLID AND HAZARDOUS WASTE

65-3472. Immunity; exceptions.(a) Any person who renders assistance or advice concerning anemergency or accident involving threatened discharge of hazardous materialsor the cleanup thereof shall not be liable for any civil damages for anyacts or omissions at the scene of the emergency or accident in mitigatingor attempting to mitigate the actual or threatened discharge of hazardousmaterials or cleanup thereof.

(b) The immunity provided in subsection (a) shall not apply to anyperson (1) whose act or omission caused in whole or in part such actual orthreatening discharge and who would otherwise be liable therefor; or (2)who receives compensation other than reimbursement for out-of-pocketexpenses for services in rendering such assistance or advice.

(c) Nothing in this section shall be construed to limit or otherwiseaffect the liability of any person for damages resulting from such person'sgross negligence or from such person's reckless, wanton or intentional misconduct.

History: L. 1984, ch. 220, § 2; July 1.

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State Codes and Statutes

Statutes > Kansas > Chapter65 > Article34 > Statutes_26542

65-3472

Chapter 65.--PUBLIC HEALTH Article 34.--SOLID AND HAZARDOUS WASTE

65-3472. Immunity; exceptions.(a) Any person who renders assistance or advice concerning anemergency or accident involving threatened discharge of hazardous materialsor the cleanup thereof shall not be liable for any civil damages for anyacts or omissions at the scene of the emergency or accident in mitigatingor attempting to mitigate the actual or threatened discharge of hazardousmaterials or cleanup thereof.

(b) The immunity provided in subsection (a) shall not apply to anyperson (1) whose act or omission caused in whole or in part such actual orthreatening discharge and who would otherwise be liable therefor; or (2)who receives compensation other than reimbursement for out-of-pocketexpenses for services in rendering such assistance or advice.

(c) Nothing in this section shall be construed to limit or otherwiseaffect the liability of any person for damages resulting from such person'sgross negligence or from such person's reckless, wanton or intentional misconduct.

History: L. 1984, ch. 220, § 2; July 1.