Section 260.818

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

Effective - 28 Aug 1995   

  260.818.  Definitions. — As used in sections 260.818 and 260.819 the following terms mean:

  (1)  "Damages", damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge or threatened discharge of oil;

  (2)  "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;

  (3)  "Federal on-scene coordinator", the federal official designated by the lead agency or predesignated by the United States Environmental Protection Agency or the United States Coast Guard to coordinate and direct responses under the National Contingency Plan;

  (4)  "National Contingency Plan", the National Contingency Plan prepared and published under section 311(d) of the Federal Water Pollution Control Act, 33 U.S.C. 1321(d), as amended by the Oil Pollution Act of 1990, P.L. No.  101-380, 104 Stat. 484, 1990;

  (5)  "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;

  (6)  "Person", an individual, corporation, partnership, association, state, municipality, commission, or political subdivision of this state, or any interstate body;

  (7)  "Remove or removal", containment and removal of oil from water and shorelines or by taking of other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches;

  (8)  "Removal costs", the costs of removal 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;

  (9)  "Responsible party", a responsible party as defined under section 1001 of the Oil Pollution Act of 1990, P.L. No. 101-380, 104 Stat. 484, 1990.

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(L. 1995 S.B. 407)