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2482Ratification Number: 459Act Number: 397Introducing Body: HouseSubject: Relieve persons from civil damages when providing assistance or advice to mitigate the threatened or actual discharge of hazardous material
(A397, R459, H2482)
AN ACT TO RELIEVE PERSONS FROM CIVIL DAMAGES WHEN PROVIDING ASSISTANCE OR ADVICE TO MITIGATE THE THREATENED OR ACTUAL DISCHARGE OF HAZARDOUS MATERIAL AND TO REPEAL ITEM (d) OF SECTION 4 OF ACT 436 OF 1978, RELATING TO PROHIBITING OWNERS OR OPERATORS OF A TREATMENT, STORAGE, OR DISPOSAL FACILITY FROM ACCEPTING HAZARDOUS WASTE GENERATED IN ANOTHER STATE OR BANNED BY LAW IN THAT STATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. As used in this act:
(A) "Discharge" means leakage, seepage, or other release.
(B) "Hazardous materials" means all materials and substances defined as hazardous by any state or federal law or regulation.
(C) "Person" means any individual, partnership, corporation, association, or other entity.
SECTION 2. Any person who in good faith gratuitously 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, is not subject to civil damages unless an injury or damages result from the gross negligence, recklessness, or intentional misconduct of such person.
SECTION 3. The immunities provided in Section 2 apply only to any person:
(A) Whose act or omission did not cause the actual or threatened discharge and who would not otherwise be liable therefor, or
(B) Who renders such assistance or advice voluntarily and without compensation, or who is an employee of an industry, corporation, or group which renders such advice or assistance without compensation.
SECTION 4. Item (d) of Section 4, of Act 436 of 1978, as last amended by subsection C, of Section 31, Part II, of Act 151 of 1983 is hereby repealed."
SECTION 5. This act shall take effect upon approval by the Governor.