Ark. Code Ann. » Title 8 Chapter 07
Arkansas Code Annotated

Ark. Code Ann. § 8-7-512 (2026)

Liability for costs — Immunity from liability

✓ current as of May 2026
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  1. Any of the following shall be liable to the state for all costs of remedial action or removal actions under this subchapter:
    1. The owner and operator of a facility;
    2. Any person who, at the time of disposal of any hazardous substance, owned or operated a hazardous substance site;
    3. Any generator of hazardous substances who caused such a hazardous substance to be disposed of at a hazardous substance site or who causes a release or threatened release of the hazardous substances; or
    4. Any transporter of hazardous substances who causes a release or threatened release of the hazardous substances or who selected a hazardous substance site for disposal of the hazardous substances.
    1. No person shall be liable under this subchapter for damages as a result of actions taken or omitted in the course of rendering care, assistance, or advice at the direction of the Department of Energy and Environment, the Secretary of the Department of Energy and Environment, or the Division of Environmental Quality, with respect to an incident creating a danger to public health or welfare or the environment as a result of any release of a hazardous substance or the threat of a release of a hazardous substance.
      1. This subsection shall not preclude liability for damages as a result of gross negligence or intentional misconduct on the part of the person, nor shall this subsection preclude liability for damages and costs of remedial action or removal action of any person liable for such damages and costs pursuant to subsection (a) of this section.
      2. For the purposes of subdivision (b)(2)(A) of this section, reckless, willful, or wanton misconduct shall constitute gross negligence.
    1. A person taking remedial action or removal action under this subchapter as a contractor for the department or division shall not be liable under this subchapter or 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, loss of or damage to property, or economic loss resulting from a release or threatened release of hazardous substances.
    2. However, the provisions of this subsection shall not apply in case of a release that is caused by the conduct of the person taking remedial action or removal action that is negligent or grossly negligent or which constitutes intentional misconduct.
  4. A state employee or an employee of a political subdivision who provides services relating to remedial action or removal action while acting within the scope of his or her authority as a governmental employee shall have the same exemption from liability, subject to the other provisions of this section, as is provided to the removal action or remediation action contractor under subsection (c) of this section.
    1. Nothing in subsection (c) or subsection (d) of this section shall affect the liability of any person under warranty under state or common law.
    2. Nothing in this subsection shall affect the liability of an employer taking remedial action or removal action to any employee of any such employer under any provision of law, including any provision of any law relating to workers' compensation.

History. Acts 1985, No. 479, § 8; A.S.A. 1947, § 82-4719; Acts 1987, No. 761, § 4; 1989, No. 441, § 2; 2005, No. 1824, § 3; 2019, No. 910, §§ 2764, 2765.

Amendments. The 2019 amendment substituted “Department of Energy and Environment, the Secretary of the Department of Energy and Environment, or the Division of Environmental Quality” for “Arkansas Department of Environmental Quality” in (b)(1); and inserted “or division” in (c)(1).

Cross References. Civil liability of those assisting at accidents, § 8-7-101.

Donation of property or equipment, immunity, § 12-75-125.

Emergency Management Assistance Compact, § 12-76-201 et seq.

Emergency responders, immunities and exemptions, § 12-75-128.

Exemption for requested assistance, § 16-120-401.

Good Samaritan law, § 17-95-101.

Immunity of state officers and employees — Status as employee, § 19-10-305.

Interstate Civil Defense and Disaster Compact, § 12-76-101 et seq.

Limitations on civil liability for volunteer health practitioners, § 12-87-111.

Tort liability — Immunity declared, § 21-9-301.

Workers' Compensation Law, § 11-9-101 et seq.

Case Notes

No Liability Shown.

Where the Arkansas Department of Environmental Quality's (DEQ) complaint was bereft of any factual allegations that, at the time of disposal, any of the customers of the corporation, which had improperly disposed of hazardous substances, caused hazardous substances to be disposed of, and where the customers did not violate subdivisions (a)(3) and (4), the trial court properly dismissed DEQ's complaint pursuant to Ark. R. Civ. P. 8(a) and 12(b)(6). Ark. Dep't of Envtl. Quality v. Brighton Corp., 352 Ark. 396, 102 S.W.3d 458 (2003) (decided under former version of section).

Notes of Decisions
Cited in 2 cases, 1996–2003 · leading case: Arkansas Dep't of Env't Quality v. Brighton Corp., 102 S.W.3d 458 (Ark. 2003).
Sort: Relevance Newest Treatment
Arkansas Dep't of Env't Quality v. Brighton Corp., 102 S.W.3d 458 (Ark. 2003). · cites it 26× “This language, they contend, requires direct, active involvement, and further requires that the actions of the generator or transporter of the hazardous substances in "causing" the substance to be disposed of must take place at the same time the disposal actually occurs. Because…”
Reynolds Metals Co. v. Arkansas Power & Light Co., 920 F. Supp. 991 (E.D. Ark. 1996). · cites it 2× “See Ark.Code Ann. §§ 8-7-512(a), -514(a) (Miehie 1993).”
— Ark. Code Ann. § 8-7-512(a) — 2 cases
Arkansas Dep't of Env't Quality v. Brighton Corp., 102 S.W.3d 458 (Ark. 2003). “This language, they contend, requires direct, active involvement, and further requires that the actions of the generator or transporter of the hazardous substances in "causing" the substance to be disposed of must take place at the same time the disposal actually occurs. Because…”
Reynolds Metals Co. v. Arkansas Power & Light Co., 920 F. Supp. 991 (E.D. Ark. 1996). “See Ark.Code Ann. §§ 8-7-512(a), -514(a) (Miehie 1993).”
— Ark. Code Ann. § 8-7-512(a)(3) — 1 case
Arkansas Dep't of Env't Quality v. Brighton Corp., 102 S.W.3d 458 (Ark. 2003). “This language, they contend, requires direct, active involvement, and further requires that the actions of the generator or transporter of the hazardous substances in "causing" the substance to be disposed of must take place at the same time the disposal actually occurs. Because…”
— Ark. Code Ann. § 8-7-512(a)(4) — 1 case
Arkansas Dep't of Env't Quality v. Brighton Corp., 102 S.W.3d 458 (Ark. 2003). “This language, they contend, requires direct, active involvement, and further requires that the actions of the generator or transporter of the hazardous substances in "causing" the substance to be disposed of must take place at the same time the disposal actually occurs. Because…”
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