Massachusetts General Laws
Chapter 21e - Massachusetts Oil and Hazardous Material Release Prevention and Response Act
Section 16 - Response Action Contractor Liability

Section 16. (a) A response action contractor with respect to any release or threatened release of oil or hazardous material shall not be strictly liable under this chapter nor under any other state law to any person for injuries, costs, damages, expenses or other liability including but not limited to claims for indemnification or contribution and claims by third parties for death, personal injury, illness or loss of or damage to real or personal property or economic loss which results from such release or threatened release.
(b) The limitation of liability provided under subsection (a) shall apply only to response action contractor liability arising out of a release or threatened release of oil or hazardous material resulting from response actions conducted by the response action contractor.
(c) Any response action contractor who is otherwise liable under subsection (a) of section five for a release or threatened release of oil or hazardous material at a site shall not be entitled to any limitation of liability under this section by virtue of becoming a response action contractor at that site.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title II - Executive and Administrative Officers of the Commonwealth

Chapter 21e - Massachusetts Oil and Hazardous Material Release Prevention and Response Act

Section 1 - Short Title

Section 2 - Definitions

Section 3 - Implementation; Regulations; Response Actions

Section 3a - Timetables and Specifications for Action at Disposal Sites

Section 3b - Permit Application Fees; Annual Compliance Assurance Fees

Section 4 - Response Actions; Assessment, Containment and Removal; Liability of Persons Providing Care, Assistance or Advice

Section 4a - Notification of Response Action; Procedure; Civil Action

Section 5 - Persons Liable

Section 5a - Administrative Record; Selection and Review of Response Actions; Regulations

Section 5b - Judicial Review of Response Actions

Section 5c - Exemption From Liability for Release of Oil or Hazardous Material at a Site for Which a Permanent Solution or Remedy Operation Status Exists

Section 5d - Exemption From Liability for Release of Oil or Hazardous Material for Persons Who Did Not Cause or Contribute to the Release

Section 6 - Department Requirements for Prevention and Control of Releases; Restrictions on Property; Notice; Liability

Section 7 - Notice of Release or Threat of Release

Section 8 - Entry On, and Investigation and Inspection of Sites and Vessels

Section 9 - Orders to Conduct Assessment, Containment or Removal

Section 10 - Orders; Review

Section 11 - Violations; Penalties; Actions to Recover Costs

Section 11a - Civil Actions

Section 12 - Confidentiality of Information, Records or Reports

Section 13 - Liens on Property of Persons Liable; Priority; Releases

Section 14 - Response Actions at Sites; Meetings; Public Notice and Participation

Section 15 - Citizen Enforcement

Section 16 - Response Action Contractor Liability

Section 17 - Indemnification Agreements to Hold Harmless Response Action Contractor

Section 18 - Regulations

Section 19 - Office of Brownfields Revitalization

Section 20 - Distance of Lng Import Terminal From Certain Establishments

Section 21 - Distance of Lng Tankers Traveling by Waterway From Certain Establishments

Section 22 - Liability for Presence, Release or Threat of Release of Oil or Any Hazardous Material Related to a Dam