Liability for Removal Costs or Damages; Exceptions

  1. Law
  2. Georgia Code
  3. Conservation and Natural Resources
  4. Water Resources
  5. Costs of Oil Spill Response
  6. Liability for Removal Costs or Damages; Exceptions

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  1. Notwithstanding any other provision of law, a person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the federal on-scene coordinator or by any state official with responsibility for oil spill response.
  2. Subsection (a) of this Code section shall not apply:
    1. To a responsible party;
    2. With respect to personal injury or wrongful death;
    3. If the person is grossly negligent or engages in willful misconduct; or
    4. To a response under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601, et seq.).
  3. A responsible party shall be liable for any removal costs and damages that another person is relieved of under subsection (a) of this Code section.
  4. Nothing in this Code section shall affect the liability of a responsible party for oil spill response under any applicable state law.

(Code 1981, §12-5-501, enacted by Ga. L. 1991, p. 1598, § 1.)

Law reviews.

- For article on CERCLA liability for secured creditors, see 41 Emory L.J. 167 (1992).

RESEARCH REFERENCES

CERCLA Liability of Parent, Subsidiary, and Successor Corporation, 34 POF3d 387.

Citizens' Suit Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right-To-Know Act (EPCRA), 55 POF3d 155.

ALR.

- What constitutes "disposal" for purposes of owner or operator liability under § 107(a)(2) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607(a)(2)), 136 A.L.R. Fed 117.

Indemnification or release agreement as covering liability under § 107(A) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607(a)), 139 A.L.R. Fed 123.

Application of Statute of Limitations (42 USCS § 9613(g)(2)) in action under § 107 of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607) for recovery of costs for removal or remedial action, 142 A.L.R. Fed 115.

Equitable allocation of response costs in contribution action under § 113(f) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 USCA § 9613(f): Factors affecting response cost liability of generator, broker or arranger, and transporter in single waste stream cases, 146 A.L.R. Fed. 363.

Amount and characteristics of wastes as equitable factors in allocation of response costs pursuant to § 113(f)(1) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 USCA § 9613(f)(1): multiple waste streams, 162 A.L.R. Fed. 371.

ARTICLE 8 COMPREHENSIVE STATE-WIDE WATER MANAGEMENT PLANNING

Cross references.

- Protection of Metropolitan rivers, T. 12, C. 5, A. 5, P. 6.

Flint River drought protection, T. 12, C. 5, A. 9.

Metropolitan North Georgia Water Planning District, T. 12, C. 5, A. 10.

Editor's notes.

- Ga. L. 2004, p. 711, § 1, not codified by the General Assembly, provides that: "The General Assembly finds and declares that:

"(1) A comprehensive state-wide water management plan for this state is needed and should be developed by the Environmental Protection Division of the Department of Natural Resources;

"(2) Such plan should support a structured, yet flexible, approach to regional water planning and provide guidance and incentives for regional and local water planning efforts; and

"(3) Regional water planning efforts of the Environmental Protection Division should be coordinated with and not supplant the existing efforts of all state agencies."

Ga. L. 2004, p. 711, § 2, effective May 13, 2004, repealed the Code sections formerly codified at this article and enacted the current article. The former article consisted of Code Sections 12-5-520 through 12-5-525, relating to river basin management plans, and was based on Ga. L. 1992, p. 1896, § 1; Ga. L. 1993, p. 91, § 12.

Administrative Rules and Regulations.

- Preparation of Regional Water Development and Conservation Plans, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Environmental Protection, Sec. 391-3-32-.01.

Permitting based on regional water development and conservation plans, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Environmental Protection, Sec. 391-3-2-.16.


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