§ 35-9-157 — Right to claim reimbursement

(a) The state, political subdivision of the state or other
unit of local government is hereby given the right to claim
reimbursement for the costs resulting from action taken to
remove, contain or otherwise mitigate the effects of a hazardous
materials abandonment, a hazardous materials spill or a weapons
of mass destruction incident.
(b) Notwithstanding subsection (a) of this section and
except with respect to a response to a clandestine laboratory
operation incident, no person shall be liable under this act if
the incident was caused by:
(i) An act of God; or
(ii) An act or omission of a person not defined as a
transporter under this act, provided that:
(A) The potentially liable person exercised
reasonable care with respect to the hazardous material involved,
taking into consideration the characteristics of the hazardous
material in light of all relevant facts and circumstances; and
(B) The potentially liable person took
reasonable precautions against foreseeable acts or omissions of
any third person and the consequences that could foreseeably
result from those acts or omissions.
(c) Local emergency response authorities and regional
emergency response teams shall be entitled to recover their
reasonable and necessary costs incurred as a result of their
response to a hazardous material or weapons of mass destruction
incident. Costs subject to recovery under this act include, but
are not limited to, the following:
(i) Disposable materials and supplies acquired,
consumed and expended specifically for the purpose of the
response;
(ii) Remuneration of employees for the time and
efforts devoted to responding to a hazardous materials or
weapons of mass destruction incident outside the responders’
normal jurisdiction;
(iii) A reasonable fee, as established through rules
and regulations of the director, office of homeland security,
for the use of equipment, including rolling stock, in responding
to a hazardous materials or weapons of mass destruction incident
outside the responders’ normal jurisdiction;
(iv) Rental or leasing of equipment used specifically
for the response;
(v) At value replacement costs for equipment owned by
the person claiming reimbursement that is contaminated beyond
reuse or repair, if the loss occurred as a result of the
response;
(vi) Decontamination of equipment contaminated during
the response;
(vii) Special technical services specifically
requested and required for the response;
(viii) Medical monitoring or treatment of response
personnel;
(ix) Laboratory expenses for analyzing samples taken
during the response; and
(x) If determined to involve criminal activity, all
costs and expenses of the investigation.
(d) Nothing contained in this section shall be construed
to change or impair any right of recovery or subrogation arising
under any other provision of law.