§ 32-03-41 — Immunity for mitigating hazardous materials discharge - Exceptions

A person who assists or advises in mitigating or attempting to mitigate the effects of an
actual or threatened discharge, leakage, seepage, or other release of materials or substances
designated or defined as hazardous by any state or federal law or the rules and regulations of
any state or federal entity, or in preventing, cleaning up, or disposing of or in attempting to
prevent, clean up, or dispose of any such discharge, leakage, seepage, or other release is not
subject to any civil liability or penalty. This section does not apply to damages caused by that
person's gross negligence or reckless, wanton, or intentional misconduct, nor does this section
apply to any person whose act or omission caused the actual or threatened discharge, leakage,
seepage, or other release and who would otherwise be liable therefor, or to any person who
receives compensation other than reimbursement for out-of-pocket expenses for services in
rendering such assistance or advice.