§ 143-215.93A. Limitation on liability of persons engaged in removal of oil discharges.
§ 143‑215.93A. Limitation on liability of persons engaged in removal of oil discharges.
(a) Except as provided in subsection (b) of this section, aperson is not liable under this Part, Part 2C of this Article, Articles 21 and21B of this Chapter, other provisions of the General Statutes relating toprotection of the environment or public health, Chapter 1B of the GeneralStatutes, or common law causes of action in tort for removal costs or damageswhich result from, arise out of, or are related to the discharge or threateneddischarge of oil, when such removal costs or damages result from acts oromissions in the course of rendering care, assistance, or advice consistentwith the National Contingency Plan or as otherwise directed by the President ofthe United States, the Federal On‑Scene Coordinator, the Governor, theSecretary, the Secretary of Crime Control and Public Safety, or any persondesignated to direct oil discharge removal activities by the President of theUnited States, the Governor, the Secretary, or the Secretary of Crime Controland Public Safety.
(b) The limitation on liability under subsection (a) of thissection does not apply:
(1) To a responsible party;
(2) To a response under CERCLA/SARA or under Part 4 of Article 9of Chapter 130A of the General Statutes;
(3) To a response under Part 3 of Article 9 of Chapter 130A ofthe General Statutes;
(4) To a cleanup under Part 2A of this Article;
(5) With respect to personal injury or wrongful death; or
(6) If the person is grossly negligent or engages in willfulmisconduct.
(c) A responsible party is liable for any removal costs anddamages that another person is relieved of under this section.
(d) Nothing in this section affects the obligation of an owneror operator to respond immediately to a discharge, or the threat of adischarge, of oil.
(e) As used in this section:
(1) "CERCLA/SARA" means the ComprehensiveEnvironmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96‑510,94 Stat. 2767, 42 U.S.C. § 9601 et seq., as amended, and the SuperfundAmendments and Reauthorization Act of 1986, Pub. L. No. 99‑499, 100 Stat.1613, as amended.
(2) "Damages" has the same meaning as in the OilPollution Act of 1990, 33 U.S.C. § 2701, and in G.S. 143‑215.94BB.
(3) "Federal On‑Scene Coordinator" means aperson designated as such in the National Contingency Plan.
(4) "National Contingency Plan" has the same meaningas in 33 U.S.C. § 1321, as amended.
(5) "Oil Pollution Act of 1990" means the OilPollution Act of 1990, Pub. L. No. 101‑380, 104 Stat. 484, which appearsgenerally as 33 U.S.C. § 2701 et seq., as amended.
(6) "Remove" or "removal" has the samemeaning as in the Oil Pollution Act of 1990, 33 U.S.C. § 2701.
(7) "Removal costs" has the same meaning as in the OilPollution Act of 1990, 33 U.S.C. § 2701.
(8) "Responsible party" means a person who is a"responsible party" as defined in the Oil Pollution Act of 1990, 33U.S.C. § 2701, and who is liable for removal costs or damages which resultfrom, arise out of, or are related to the discharge or threatened discharge ofoil. (1991, c. 432.)