Iowa Code 455B.399 – Cleanup assistance — liability
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1. A person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened hazardous condition or in preventing, cleaning up or disposing of or in attempting to prevent, clean up or dispose of a hazardous condition is not liable for damages resulting from the assistance or advice.
Terms Used In Iowa Code 455B.399
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Hazardous condition: means any situation involving the actual, imminent, or probable spillage, leakage, or release of a hazardous substance onto the land, into a water of the state, or into the atmosphere, which creates an immediate or potential danger to the public health or safety or to the environment. See Iowa Code 455B.381
- Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
2. Subsection 1 does not apply to a person who receives compensation other than reimbursement for out-of-pocket expenses for services in rendering the assistance or advice.
3. This section does not limit the liability of a person for damages resulting from the person’s gross negligence or reckless, wanton or intentional misconduct.