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Emergency Law Inventory | Full Law Text

Law Number

35 P.S. 6023.3

Summary Title

Liability: Discharge of Oil

Summary

An individual who provides care, assistance, or advice pursuant to the National Contingency Plan or state Contigency plan with respect to the discharge or threatened discharge of oil will not be held legally responsible for acting or failing to act.

Full Title

Liability

Full Text

(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.