(a) General rule. -- Except as specifically provided in subsection (b) of this section, a project sponsor
who provides equipment, materials or services at no cost or at cost for a reclamation
project or a water pollution abatement project:
(1) Is immune from liability for any injury to or damage suffered by a person which
arises out of or occurs as a result of the water pollution abatement facilities constructed
or installed during the water pollution abatement project;
(2) Is immune from liability for any pollution emanating from the water pollution
abatement facilities constructed or installed during the water pollution abatement
project unless the person affects an area that is hydrologically connected to the
water pollution abatement project work area and causes increased pollution by activities
which are unrelated to the implementation of a water pollution abatement project,
Provided that the project sponsor implements, operates, and maintains the project
in accordance with the plans approved by the department;
(3) Is immune from liability for the operation, maintenance and repair of the water
pollution abatement facilities constructed or installed during the water pollution
(b) Exceptions. --
(1) Nothing in this article shall limit in any way the liability of a project sponsor
which liability results from the reclamation project or the water pollution abatement
project and which would otherwise exist:
(A) For injury or damage resulting from the project sponsor's acts or omissions which
are reckless or constitute gross negligence or willful misconduct.
(B) For the person's unlawful activities.
(C) For damages to adjacent landowners or downstream riparian landowners which result
from a reclamation project or a water pollution abatement project where written notice
or public notice of the proposed project was not provided.
(2) Nothing in this article shall limit in any way the liability of a person who the
department has found to be in violation of any other provision or provisions of this
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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