Section 40.0150 - Role of Other Persons(1) Any person threatened or damaged by a release or threat of release of oil and/or hazardous material, and any Other Person, may undertake response actions, provided such response actions are performed in compliance with M.G.L. c. 21E, 310 CMR 40.0000 and any other applicable laws.(2) As provided in M.G.L. c. 21E, § 4, any person who without charge renders assistance in a response action at the request of a duly authorized representative of the Department shall not be held liable, notwithstanding any other provision of law, for civil damages as a result of any act or omission by such person in removing oil and/or hazardous material, except for acts or omissions of gross negligence or willful misconduct.(3) As provided in M.G.L. c. 21E, § 4, any person, except a person who is liable pursuant to M.G.L. c. 21E, § (5)(a)(1), who provides care, assistance or advice in response to a release or threat of release of oil into or onto the tidal waters of the United States, including, without limitation, the territorial sea, or to any tidal shorelines adjoining any waters of the United States, or to the Zone established by Presidential Proclamation No. 5030, dated March 10, 1983, including, without limitation, the ocean waters of the areas referred to as "eastern special areas" in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, which is consistent with applicable state law, or the NCP or as otherwise directed by the federal on-scene coordinator predesignated by EPA or the United States Coast Guard to coordinate and direct a federal response for oil removal under subpart D of the NCP, or by the state official with responsibility for oil spill response, shall not be liable for removal costs or damages which result from actions taken or omitted in the course of providing such care, assistance or advice, except with respect to personal injury, wrongful death, gross negligence or willful misconduct, notwithstanding any other law to the contrary.Amended by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.