If any person who is driving or in physical control of a twin trailer truck that contains hazardous waste, as defined in § 68-212-104, is adjudicated to have been at fault in a court of competent jurisdiction for an accident resulting in a spill of the hazardous waste, the employer of the person shall be jointly and severally responsible for:
(1) Damages incurred as a result of the spill; and
(2) Any clean-up cost that may result from the spill.