North Carolina General Statutes 143-215.93A. Limitation on liability of persons engaged in removal of oil discharges
(a) Except as provided in subsection (b) of this section, a person is not liable under this Part, Part 2C of this Article, Articles 21 and 21B of this Chapter, other provisions of the General Statutes relating to protection of the environment or public health, Chapter 1B of the N.C. Gen. Stat., or common law causes of action in tort for removal costs or damages which result from, arise out of, or are related to the discharge or threatened discharge of oil, when such removal costs or damages result from acts or omissions in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the President of the United States, the Federal On-Scene Coordinator, the Governor, the Secretary, the Secretary of Public Safety, or any person designated to direct oil discharge removal activities by the President of the United States, the Governor, the Secretary, or the Secretary of Public Safety.
(b) The limitation on liability under subsection (a) of this section does not apply:
(1) To a responsible party;
Terms Used In North Carolina General Statutes 143-215.93A
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Discharge: shall mean , but shall not be limited to, any emission, spillage, leakage, pumping, pouring, emptying, or dumping of oil or other hazardous substances into waters of the State or into waters outside the territorial limits of the State which affect lands, waters or uses related thereto within the territorial limits of the State, or upon land in such proximity to waters that oil or other hazardous substances is reasonably likely to reach the waters, but shall not include amounts less than quantities which may be harmful to the public health or welfare as determined pursuant to N. See North Carolina General Statutes 143-215.77
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Oil: shall mean oil of any kind and in any form, including, but specifically not limited to, petroleum, crude oil, diesel oil, fuel oil, gasoline, lubrication oil, oil refuse, oil mixed with other waste, oil sludge, petroleum related products or by-products, and all other liquid hydrocarbons, regardless of specific gravity, whether singly or in combination with other substances. See North Carolina General Statutes 143-215.77
- Operator: shall mean any person owning or operating an oil terminal facility or pipeline, whether by lease, contract, or any other form of agreement. See North Carolina General Statutes 143-215.77
- Person: shall mean any and all natural persons, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, or private or public corporations organized or existing under the laws of this State or any other state or country. See North Carolina General Statutes 143-215.77
- Secretary: shall mean the North Carolina Secretary of Environmental Quality. See North Carolina General Statutes 143-215.77
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) To a response under CERCLA/SARA or under Part 4 of Article 9 of Chapter 130A of the N.C. Gen. Stat.;
(3) To a response under Part 3 of Article 9 of Chapter 130A of the N.C. Gen. Stat.;
(4) To a cleanup under Part 2A of this Article;
(5) With respect to personal injury or wrongful death; or
(6) If the person is grossly negligent or engages in willful misconduct.
(c) A responsible party is liable for any removal costs and damages that another person is relieved of under this section.
(d) Nothing in this section affects the obligation of an owner or operator to respond immediately to a discharge, or the threat of a discharge, of oil.
(e) As used in this section:
(1) “CERCLA/SARA” means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96-510, 94 Stat. 2767, 42 U.S.C. § 9601 et seq., as amended, and the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499, 100 Stat. 1613, as amended.
(2) “Damages” has the same meaning as in the Oil Pollution Act of 1990, 33 U.S.C. § 2701, and N.C. Gen. Stat. § 143-215.94BB.
(3) “Federal On-Scene Coordinator” means a person designated as such in the National Contingency Plan.
(4) “National Contingency Plan” has the same meaning as in 33 U.S.C. § 1321, as amended.
(5) “Oil Pollution Act of 1990” means the Oil Pollution Act of 1990, Pub. L. No. 101-380, 104 Stat. 484, which appears generally as 33 U.S.C. § 2701 et seq., as amended.
(6) “Remove” or “removal” has the same meaning as in the Oil Pollution Act of 1990, 33 U.S.C. § 2701.
(7) “Removal costs” has the same meaning as in the Oil Pollution Act of 1990, 33 U.S.C. § 2701.
(8) “Responsible party” means a person who is a “responsible party” as defined in the Oil Pollution Act of 1990, 33 U.S.C. § 2701, and who is liable for removal costs or damages which result from, arise out of, or are related to the discharge or threatened discharge of oil. (1991, c. 432, s. 1; 2011-145, s. 19.1(g).)