Title 12, Chapter 8, Section 96.2
( 12-8-96.2)
(a) No corrective action contractor engaged in activities associated
with the cleanup of environmental hazards created by others shall be
liable for any damages arising from the release of a hazardous
waste, hazardous constituent, or hazardous substance resulting from
such activity in an amount greater than $1 million to any one person
or $3 million to all persons for a single occurrence. The
limitation of liability of this Code section shall not: (1) Affect any right of indemnification which such person has, or
may acquire by contract, against any other person who is liable
for creating an environmental hazard; or (2) Apply to persons who intentionally, wantonly, or willfully
violate federal or state regulations in the cleanup process. (b) For purposes of Code Section 12-8-96.1 and this Code section, the phrase "activities associated with the cleanup of environmental hazards" shall mean activities including investigation, evaluation, planning, design, engineering, removal, construction, and ancillary services which are carried out to abate or cleanup a hazardous waste, hazardous constituent, or hazardous substance. (c) Nothing contained in this Code section shall be construed to be
a waiver of the sovereign immunity of this state or of any agency or
political subdivision of this state. |