Title 12, Chapter 12, Section 21
( 12-12-21)
Nothing in this chapter shall be construed to constitute a waiver of
the sovereign immunity of the state, the board, or the division. No
action shall be brought against the state, the board, the division,
or any member, officer, or employee thereof for damages sustained
from the improper or unlawful removal or encapsulation of friable
asbestos-containing materials from facilities or residential
dwellings governed by this chapter. Nothing in this chapter and no
order, action, license, or advice of the director, the division, or
any representative thereof shall be construed to relieve a
contractor, project monitor, or asbestos worker of the legal duties,
obligations, or liabilities incident to removal or encapsulation of
friable asbestos-containing materials from facilities or residential
dwellings. |