Section 209-Y. Establishment of hazardous materials emergency response teams  


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  • 1. By resolution, the governing body of each county is authorized  to establish a hazardous materials emergency response team.  Such  teams
      shall  be  coordinated  in  accordance with a plan developed pursuant to
      section two hundred four-f of this chapter.
        2. The governing  bodies  of  two  or  more  counties  may  by  mutual
      agreement  form  one  or  more  regional  hazardous  materials emergency
      response teams. Such regional teams shall be coordinated  in  accordance
      with  a  plan  developed  pursuant to section two hundred four-f of this
      chapter.
        3. Counties are authorized to appropriate and expend such sums as  are
      deemed  necessary to establish or maintain hazardous materials emergency
      response teams pursuant to this section.
        4. Notwithstanding any other provision of law  to  the  contrary,  any
      person  who  is  by  training  or experience and attainment qualified to
      participate as a member of a hazardous materials incidents response team
      recognized  under  this  section  and  who   voluntarily   and   without
      expectation  of  monetary  compensation  serves as a member of such team
      shall not be subject to a penalty or to civil liability for  damages  or
      injuries  alleged  to  have  been  sustained  by any person or entity by
      reason of an act or omission in the course of such service.  Nothing  in
      this  section shall be deemed or construed to relieve from liability for
      damages or injuries any person who (a) is alleged to  have  caused  said
      damages  or  injuries  as  the  result  of gross negligence or reckless,
      wanton, or intentional conduct, (b) is under a legal duty to respond  to
      a   particular   incident,  or  (c)  receives  compensation  other  than
      reimbursement for out-of-pocket expenses for services in response  to  a
      particular incident.