CHAPTER 113

FORMERLY

HOUSE BILL NO. 170

AN ACT TO AMEND CHAPTER 81, TITLE 10 OF THE DELAWARE CODE RELATING TO LIMITING THE LIABILITY OF CERTAIN PERSONS PERFORMING HAZARDOUS DISCHARGE MITIGATION OR CLEANUP SERVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 81, Title 10 of the Delaware Code by adding a new Section 8134 to read as follows:

"Section 8134. Limitation on liability for hazardous discharge cleanup.

The provisions of any other law, rule or regulation to the contrary notwithstanding, the liability of any person performing hazardous discharge mitigation or cleanup services in accordance with procedures established pursuant to State or Federal law for any injuries or property damage caused by or related to these services shall be limited to acts or omissions of the person during the course of performing these services which can be shown, based on a preponderance of the evidence, to have been the result of negligent, reckless, willful, wanton, and/or intentional acts of misconduct or breach of contract; provided, however, such person is an independent outside contractor specifically engaged for the purpose of discharge mitigation or cleanup services. For the purposes of this Act, the demonstration that acts or omissions of a person performing mitigation or cleanup services were in accordance with generally accepted practice and state-of-the-art scientific knowledge, and utilized the best technology reasonably available to the person at the time the mitigation or cleanup services were performed, shall create a rebuttable presumption that the acts or omissions are not negligent."

Approved July 13, 1989.