(1) Any person discharging pollutants as prohibited by section 704 of this chapter shall immediately undertake to remove the discharge to the Department's satisfaction. Notwithstanding the above requirement, the Department may undertake the removal of the discharge and may contract and retain agents who shall operate under the direction of the Department.
(2) Whenever oil or any other pollutant is discharged from any terminal facility or vessel in violation of section 704 of this chapter the person in charge of the terminal facility or vessel shall promptly remove, or arrange for the removal of, the oil or other pollutant. If the person in charge fails so to act, the Department may arrange for the removal of such pollutant, except that if the oil or other pollutant was discharged into or upon the navigable waters of the United States, the Department shall act in accordance with the national contingency plan for removal of oil or other pollutant established pursuant to the Federal Water Quality Improvement Act of 1970, and the costs of removal incurred by the Department shall be paid in accordance with the applicable provisions of said law.
(3) In the event of discharge the source of which is unknown, any local discharge cleanup organization shall, upon the request of the Department or its designee, immediately contain and remove the discharge. No action taken by any person to contain or remove a discharge, whether such action is taken voluntarily or at the request of the Department or its designee, shall be construed as an admission of liability for the discharge.
(4) No person who, voluntarily or at the request of the Department or its designee, renders assistance in containing or removing oil or other pollutants shall be liable for any civil damages to their parties resulting solely from acts or omissions of such person in rendering such assistance, except for acts or omissions amounting to gross negligence or willful misconduct.
(5) Nothing in this chapter shall affect in any way the right of any person who renders assistance in containing or removing oil or other pollutants to reimbursement for the costs of the containment or removal under the applicable provisions of the Federal Water Quality Improvement Act of 1970 (33 U.S.C.A. section 1151 et seq.) or any rights which that person may have against any third party whose acts or omissions in any way have caused or contributed to the discharge of the oil or other pollutants.