NY Env Conserv L § 27-1321 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 13 - Inactive Hazardous Waste Disposal Sites 27-1321 - Protection Against Liability.

§ 27-1321. Protection against liability.1.  Notwithstanding  any  other  provision of law to the contrary, any   person who is, by professional training or  experience  and  attainment,   qualified  to analyze and interpret matters pertaining to the treatment,   storage, disposal, or transport  of  hazardous  materials  or  hazardous   wastes,   and  who  voluntarily  and  without  expectation  of  monetary   compensation provides assistance or advice in mitigating the effects  of   an  accidental  or  threatened  discharge  of any hazardous materials or   hazardous wastes, or in preventing, cleaning up,  or  disposing  of  any   such  discharge, shall not be subject to a penalty or to civil liability   for damages or injuries alleged to have been sustained by any person  or   entity  by reason of an act or omission in the giving of such assistance   or advice. For  the  purposes  of  this  section,  the  term  "hazardous   materials"  shall  have  the  same  meaning  as  that term is defined in   regulations promulgated by the commissioner of  transportation  pursuant   to section fourteen-f of the transportation law, and the term "hazardous   wastes" shall mean those wastes identified or listed pursuant to section   27-0903  of  this  article  and  any  rules  and regulations promulgated   thereunder.2. Nothing in subdivision one of  this  section  shall  be  deemed  or   construed  to  relieve from liability for damages or injuries any person   who: (a) is alleged to have caused  said  damages  or  injuries  as  the   result   of   gross  negligence,  or  reckless,  wanton  or  intentional   misconduct, or (b) is under a legal duty to respond to the incident,  or   (c)  receives  compensation  other  than reimbursement for out-of-pocket   expenses for services in rendering assistance or advice.3. Notwithstanding any other provision of law  to  the  contrary,  the   liability  of any person designing, implementing or otherwise performing   services related to an inactive hazardous waste disposal  site  remedial   program  or  related  to  cleanup or restorative work which is conducted   pursuant to a contract with the department or pursuant to  an  order  of   the department, the department of health or a court, for any injury to a   person  or  property  caused  by  or  related  to such services shall be   limited to acts  or  omissions  of  the  person  during  the  course  of   performing  such  services  which  are  shown to have been the result of   negligence,  gross  negligence  or  reckless,  wanton   or   intentional   misconduct.  Notwithstanding  any  other  provision  of  law, when (i) a   verdict or decision in an action or claim for  injury  to  a  person  or   property caused by or related to such services is determined in favor of   a  claimant in an action involving a person performing such services and   any other person or persons jointly liable, and (ii)  the  liability  of   the person performing such services is found to be fifty percent or less   of  the  total  liability  assigned to all persons liable, and (iii) the   liability of the person performing such  services  is  not  based  on  a   finding  of  reckless disregard for the safety of others, or intentional   misconduct, then the liability of the person performing such services to   the  claimant  for  loss  relating  to  injury  to  property   and   for   non-economic  loss  relating  to injury to a person shall not exceed the   equitable share of the person performing  such  services  determined  in   accordance  with  the  relative  culpability  of  each person causing or   contributing to the total liability for such losses; provided,  however,   that  the culpable conduct of any person not a party to the action shall   not be considered in determining  any  equitable  share  herein  if  the   claimant  proves  that  with  due  diligence  the claimant was unable to   obtain jurisdiction over such person in said action.  As  used  in  this   section,  the  term  "non-economic  loss" includes but is not limited to   pain and suffering, mental anguish, loss of consortium or other  damages   for  non-economic  loss.  However,  nothing in this subdivision shall be    deemed to  alter,  modify  or  abrogate  the  liability  of  any  person   performing  such services for breach of any express warranty, limited or   otherwise,  or  an  express  or  implied  warranty  under  the   uniform   commercial  code,  or  to  an  employee  of  such person pursuant to the   workers'  compensation  law,  or  relieve  from   liability,   including   liability  for  the  costs  of cleanup, the owner or any person who is a   person responsible for the disposal of hazardous  wastes  at  the  site,   pursuant to section 27-1313 of this article.