Section 27-0916. Department authority for cleanups

1.  The  department  shall have authority to clean up or return to its
  original state any area where hazardous wastes were disposed,  possessed
  or  dealt in unlawfully in violation of section 27-0914 of this article.
  For the purpose of this section "the original state of the  area"  shall
  mean  the reasonably ascertainable condition of the property immediately
  prior to  the  unlawful  act  or  if  impracticable  to  determine  such
  condition,  the  cleanup  or  restoration  shall  be done in a manner to
  restore the area to a reasonably sound environmental condition.
    2. The department shall  have  the  authority  to  contract  with  the
  environmental  facilities  corporation  or  any  other person to perform
  necessary work in connection with such cleanup or restoration.
    3. Notwithstanding any other provision of law  to  the  contrary,  the
  liability  of any person designing, implementing or otherwise performing
  services related to cleanup or restoration work pursuant to  a  contract
  with  the  department,  or an order of the department or a court for any
  injury to a person or property caused by or related  to  such  services,
  shall be limited to acts or omissions of the person during the course of
  performing  such  services  which  are  shown to have been the result of
  negligence,  gross  negligence  or  reckless,  wanton   or   intentional
  misconduct.  Notwithstanding  any  other  provision  of  law, when (i) a
  verdict or decision in an action or claim for  injury  to  a  person  or
  property caused by or related to such services is determined in favor of
  a  claimant in an action involving a person performing such services and
  any other person or persons jointly liable, and (ii)  the  liability  of
  the person performing such services is found to be fifty percent or less
  of  the  total  liability  assigned to all persons liable, and (iii) the
  liability of the person performing such  services  is  not  based  on  a
  finding  of  reckless disregard for the safety of others, or intentional
  misconduct, then the liability of the person performing such services to
  the  claimant  for  loss  relating  to  injury  to  property   and   for
  non-economic  loss  relating  to injury to a person shall not exceed the
  equitable share of the person performing  such  services  determined  in
  accordance  with  the  relative  culpability  of  each person causing or
  contributing to the total liability for such losses; provided,  however,
  that  the culpable conduct of any person not a party to the action shall
  not be considered in determining  any  equitable  share  herein  if  the
  claimant  proves  that  with  due  diligence  the claimant was unable to
  obtain jurisdiction over such person in said action.  As  used  in  this
  section,  the  term  "non-economic  loss" includes but is not limited to
  pain and suffering, mental anguish, loss of consortium or other  damages
  for  non-economic  loss.  However,  nothing in this subdivision shall be
  deemed to  alter,  modify  or  abrogate  the  liability  of  any  person
  performing  such services for breach of any express warranty, limited or
  otherwise,  or  an  express  or  implied  warranty  under  the   uniform
  commercial  code,  or  to  an  employee  of  such person pursuant to the
  workers' compensation law, or to relieve from any liability  any  person
  who  possessed, disposed of or dealt in hazardous wastes in violation of
  section 27-0914 of this article.