Liability of persons responding to oil spill.

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(A) Notwithstanding other provisions 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 the state official with responsibility for oil spill response.

(B) Subsection (A) does not apply:

(1) to a responsible party;

(2) with respect to personal injury or wrongful death; or

(3) if the person is grossly negligent or engages in wanton or wilful misconduct.

(C) A responsible party is liable for removal costs and damages that another person is relieved of under subsection (A).

(D) Nothing in this section affects the liability of a responsible party for oil spill response under state law.

HISTORY: 1992 Act No. 372, Section 1.


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