§ 46-12.3-8 - Responders liability.
SECTION 46-12.3-8
§ 46-12.3-8 Responders liability. –(a) Nothing in this chapter or any other provision of law shall be construed tohold persons, other than those responsible for the initial discharge, whorender care, assistance or advice with respect to the discharge of petroleum orpetroleum products into or on the waters of the state, regarding theamelioration of environmental damage caused by the discharge, strictly liablefor their acts or omissions.
(b) Notwithstanding any other provision of law, any personwho takes action or omits to take actions in rendering care, assistance oradvice relating to containment and clean up of or otherwise responding to adischarge or threat of discharge of petroleum or petroleum products into or onthe surface waters of the state, consistent with the national contingency planor as otherwise directed by the federal on-scene coordinator or by the directorof the department of environmental management, shall not be liable for anycosts, expenses or damages of any kind; provided, however, that this limitationshall not apply to such costs, expenses and/or damages that are a proximateresult of that person's gross negligence or willful misconduct, and providedfurther this exemption shall not apply with respect to personal injury orwrongful death.
(c) Notwithstanding any other provision of law, a personresponsible for the initial discharge shall be liable for any and all costs,expenses or damages for which a responder is relieved of liability under thissection, and any injured person with a claim against a person who is relievedof liability by this section may bring an action for recovery of the costs ofcleanup and removal and direct and indirect damages directly against the personresponsible for the initial discharge. Nothing in this section shall serve tolimit or reduce the strict liability of a person responsible for the initialdischarge for any injury or damage resulting from a discharge of petroleum orpetroleum products, including, but not limited to, damage or injury to theenvironment or natural resources of the state, injury to the person, propertydamage or economic loss to any individual, corporation, partnership or otherbusiness entity.
(d) Nothing in this section shall preclude any claim by anyperson seeking recovery for the costs of cleanup and removal or direct andindirect damages in an action brought directly against the person responsiblefor the initial discharge pursuant to any other provisions of the general lawsor pursuant to common law, or limit the damages which can be awarded in suchaction.
(e) Notwithstanding any other provision of law, an owner,operator or a person holding a masters license to operate a vessel is notliable for cleanup and removal costs or damages which result from actions takenin good faith in the course of rendering assistance, in an emergency situation,at the request of the owner or operator of a vessel attempting to prevent thesubstantial threat of a discharge of petroleum into or upon the waters of thestate; provided however, that reasonable efforts are made to notify the federalon scene coordinator or the director of the department of environmentalmanagement or his or her designee prior to such assistance being rendered or,if that is not practicable, as soon as possible thereafter. This limitationshall not apply to such costs, expenses or damages that are the proximateresult of that masters gross negligence or willful misconduct, and providefurther that this exemption shall not apply with respect to personal injury orwrongful death.