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Del. Code tit. 29, § 8230

Exemption from liability

Known as the Hazardous Materials Transportation Act

The act spans §§ 29–29 (8 sections).

64 Del

(a) Notwithstanding any provision of law to the contrary, no individual, partnership, emergency response team, corporation, industrial response team, association or other entity shall be liable in civil damages as a result of acts taken or omitted in anticipation of, in preparation for, or in the course of rendering care, assistance or advice at the request of any emergency service agency with respect to an incident creating a danger to person, property or the environment as a result of spillage, seepage, fire, explosion or other discharge or release of oil, gasoline, diesel fuel or hazardous materials, or the possibility thereof.

(b) This section shall not preclude liability for civil damages as the result of gross negligence or intentional misconduct. Reckless, wilful or wanton misconduct shall constitute gross negligence.

(c) For purposes of this section, hazardous materials shall include:

(1) Materials designated as hazardous by any governmental agency; and

(2) Materials where the discharge or release of same, or the possibility of such discharge or release, creates a hazard to person, property, or the environment.

Official source: Delaware Code Online. Reproduced from public-domain Delaware statutes; confirm against the official source for the current text. Not legal advice.