Ohio § 2305.232

§ 2305.232.

(A) No person who gives aid or advice in an emergency situation relating to the prevention

of an imminent release of hazardous material, to the clean-up or disposal of hazardous

material that has been released, or to the related mitigation of the effects of a

release of hazardous material, nor the public or private employer of such a person,

is liable in civil damages as a result of the aid or advice if all of the following

apply: (1) The aid or advice was given at the request of: (a) A sheriff, the chief of police or other chief officer of the law enforcement agency

of a municipal corporation, the chief of police of a township police district or joint

police district, the chief of a fire department, the state fire marshal, the director

of environmental protection, the chairperson of the public utilities commission, the

superintendent of the state highway patrol, the executive director of the emergency

management agency, the chief executive of a municipal corporation, the authorized

representative of any such official, or the legislative authority of a township or

county;  or (b) The owner or manufacturer of the hazardous material, an association of manufacturers

of the hazardous material, or a hazardous material mutual aid group. (2) The person giving the aid or advice acted without anticipating remuneration for self

or the person's employer from the governmental official, authority, or agency that

requested the aid or advice; (3) The person giving the aid or advice was specially qualified by training or experience

to give the aid or advice; (4) Neither the person giving the aid or advice nor the public or private employer of

the person giving the aid or advice was responsible for causing the release or threat

of release nor would otherwise be liable for damages caused by the release; (5) The person giving the aid or advice did not engage in willful, wanton, or reckless

misconduct or grossly negligent conduct in giving the aid or advice; (6) The person giving the aid or advice notified the emergency response section of the

environmental protection agency prior to giving the aid or advice. (B) The immunity conferred by this section does not limit the liability of any person

whose action caused or contributed to the release of hazardous material.  That person is liable for any enhancement of damages caused by the person giving

aid or advice under this section unless the enhancement of damages was caused by the

willful, wanton, or reckless misconduct or grossly negligent conduct of the person

giving aid or advice. (C) This section does not apply to any person rendering care, assistance, or advice in

response to a discharge of oil when that person's immunity from liability is subject

to determination under section 2305.39 of the Revised Code . (D) As used in this section: (1) ” Hazardous material ” means any material designated as such under the ”Hazardous Materials Transportation

Act,” 88 Stat. 2156 (1975), 49 U.S.C.A. 1803 , as amended. (2) ” Mutual aid group ” means any group formed at the federal, state, regional, or local level whose members

agree to respond to incidents involving hazardous material whether or not they shipped,

transported, manufactured, or were at all connected with the hazardous material involved

in a particular incident. (3) ” Discharge ” and ” oil ” have the same meanings as in section 2305.39 of the Revised Code .