Pennsylvania Act 1992-52 — OIL SPILL RESPONDER LIABILITY ACT

Act text

OIL SPILL RESPONDER LIABILITY ACT
                  Act of Jun. 11, 1992, P.L. 303, No. 52              Cl. 42
                                  AN ACT

     Providing for liability of persons responding to oil spills.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Oil Spill
     Responder Liability Act.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Damages."  Damages of any kind for which liability may exist
     under the laws of this Commonwealth resulting from, arising out
     of or related to the discharge or threatened discharge of oil.
        "Department."  The Department of Environmental Resources of
     the Commonwealth.
        "Discharge."  Any emission other than natural seepage,
     intentional or unintentional, and includes, but is not limited
     to, spilling, leaking, pumping, pouring, emitting, emptying or
     dumping.
        "Federal on-scene coordinator."  The Federal official
     predesignated by the United States Environmental Protection
     Agency or the United States Coast Guard to coordinate and direct
     Federal responses under Subpart D or the official designated by
     the lead agency to coordinate and direct removal under Subpart E
     of the National Contingency Plan.
        "National Contingency Plan."  The National Contingency Plan
     prepared and published under section 311(d) of the Federal Water
     Pollution Control Act (62 Stat. 1155, 33 U.S.C. § 1251 et seq.),
     as amended by the Oil Pollution Act of 1990 (Public Law 101-380,
     104 Stat. 484).
        "Oil."  Oil of any kind or in any form, including, but not
     limited to, petroleum, fuel oil, sludge, oil refuse and oil
     mixed with wastes other than dredged spoil.
        "Person."  An individual, corporation, partnership,
     association, cooperative, state, municipality, commission or
     political subdivision of a state or any interstate body.
        "Removal costs."  The costs of removal, abatement,
     containment or disposal that are incurred after a discharge of
     oil has occurred or, in any case in which there is a substantial
     threat of a discharge of oil, the costs to prevent, minimize or
     mitigate oil pollution from such an incident.
        "Responsible party."  A responsible party as defined under
     section 1001 of the Oil Pollution Act of 1990 (Public Law 101-
     380, 104 Stat. 484).

        Compiler's Note:  The Department of Environmental Resources,
            referred to in the def. of "department," was abolished by
            Act 18 of 1995. Its functions were transferred to the
            Department of Conservation and Natural Resources and the
            Department of Environmental Protection.
     Section 3.  Liability.
        (a)  Responders.--Notwithstanding any other provision of law,
     a person rendering care, assistance or advice with respect to
     the discharge or threatened discharge of oil where the care,
     assistance or advice is taken pursuant to or consistent with the
     National Contingency Plan or a State contingency plan or as
     otherwise directed by the Federal on-scene coordinator or the
     department or by the State official with responsibility for oil
     spill response or, in an emergency situation, pursuant to the
     request of the responsible party attempting to prevent the
     threatened discharge of oil shall not be liable for removal
     costs or damages resulting from actions taken or omitted to be
     taken relating to such care, assistance or advice except for any
     acts or omissions which constitute gross negligence or willful
     misconduct.
        (b)  Responsibility.--Nothing in this act shall exempt a
     responsible party from liability for removal costs or damages. A
     responsible party shall be liable for any removal costs and
     damages for which another person is relieved under subsection
     (a).
        (c)  Personal injury.--Nothing in this act shall limit the
     liability of a person with respect to personal injury or
     wrongful death.
     Section 4.  Effective date.
        This act shall take effect in 60 days.
        Section 5.  Costs and fees incidental to this conveyance
     shall be borne by the grantee.