Section 260.819

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

Effective - 28 Aug 1998   

  260.819.  Removal costs and damages, liability, limitations. — 1.  Notwithstanding any other provision of law to the contrary, a person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the federal on-scene coordinator or by the state official 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 damages that another person is relieved of pursuant to subsection 1 of this section.

  4.  Nothing in this section shall be construed to affect the liability of a responsible party for oil spill response under other applicable provisions of state law.

  5.  Nothing herein shall limit a party's right to seek recovery of damages or removal costs from the federal Oil Spill Liability Trust Fund.

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(L. 1995 S.B. 407, A.L. 1998 H.B. 1369)