(a) Notwithstanding any law to the contrary, the liability of any person under § 128D-6 for any release of heavy fuel oil from a tank barge carrying heavy fuel oil interisland shall not exceed $700,000,000.

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Terms Used In Hawaii Revised Statutes 128D-6.5

  • Oil: means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, oil mixed with wastes, crude oil or any fraction or residue. See Hawaii Revised Statutes 128D-1
  • Person: means any individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state, county, commission, political subdivision of the State, or, to the extent they are subject to this chapter, the United States or any interstate body. See Hawaii Revised Statutes 128D-1
  • Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of any hazardous substance or pollutant or contaminant into the environment, (including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant); but excludes:

    (1) Any release which results in exposure of persons solely within a workplace, with respect to a claim which such exposed persons may assert against their employer;

    (2) Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine;

    (3) Release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954 (42 U. See Hawaii Revised Statutes 128D-1

  • Vessel: means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. See Hawaii Revised Statutes 128D-1
(b) For the purposes of subsection (a):

“Heavy fuel oil” includes petroleum that is no. 6 technical grades of fuel oil and other grades such as navy special fuel oil and bunker C.

“Release of heavy fuel oil” means a release subject to the federal Oil Pollution Act of 1990.

“Tank barge” means any vessel that carries oil in bulk as cargo or in residue and is not equipped with a means of self propulsion.