Oklahoma § 47-230.12 - Immunity from civil liability

§ 47-230.12. Immunity from civil liability

A. No person who provides assistance or advice in mitigating or

attempting to mitigate the effects of an actual or threatened

discharge of hazardous material, or in preventing, cleaning up, or

disposing or in attempting to prevent, clean up or dispose of any

such discharge, shall be subject to any civil liability or

administrative penalties as a result of such assistance or advice.

B. The immunities provided in subsection A of this section

shall not apply:

1. To any person whose act or omission caused in whole or in

part such actual or threatened discharge and who would otherwise be

liable therefor;

2. To any person who receives compensation, other than

reimbursement for out-of-pocket expenses, for services in rendering

such assistance or advice; or

3. To a common carrier relative to its handling or transporting

of hazardous materials.

C. Nothing contained in subsection A of this section shall be

construed to limit or otherwise affect the liability of any person

for damages resulting from such person's gross negligence, or from

such person's reckless, wanton or intentional misconduct.

Added by Laws 1986, c. 80, § 12, eff. Nov. 1, 1986. Amended by Laws

2002, c. 474, § 2, emerg. eff. June 6, 2002.