260.819. Removal costs and damages, liability, limitations.
Removal costs and damages, liability, limitations.
260.819. 1. Notwithstanding any other provision of law to thecontrary, a person is not liable for removal costs or damages which resultfrom actions taken or omitted to be taken in the course of rendering care,assistance, or advice consistent with the National Contingency Plan or asotherwise directed by the federal on-scene coordinator or by the stateofficial with responsibility for oil spill response.
2. Subsection 1 of this section shall not apply:
(1) To a responsible party;
(2) With respect to personal injury or wrongful death; or
(3) If the person engages in willful misconduct.
3. A responsible party is liable for any removal costs and damagesthat another person is relieved of pursuant to subsection 1 of thissection.
4. Nothing in this section shall be construed to affect the liabilityof a responsible party for oil spill response under other applicableprovisions of state law.
5. Nothing herein shall limit a party's right to seek recovery ofdamages or removal costs from the federal Oil Spill Liability Trust Fund.
(L. 1995 S.B. 407, A.L. 1998 H.B. 1369)