Sec. 10. Liability of oil spill responders.

174 words·~1 min read·/il/chapter-740/act-113/10

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Notwithstanding any other provision of law, a person is not liable for removal costs or damages that result from action 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.

(b)Subsection

(a)does not apply:

(1)to a responsible party;

(2)with respect to personal injury or wrongful death; or

(3)if the person is grossly negligent or engages in reckless, wilful, wanton, or

intentional misconduct.

(c)A responsible party is liable for removal costs and damages that another person is relieved of under subsection (a).

(d)A responsible party is liable for any damages or removal costs, whether present or future, resulting from or arising out of any discharge, as defined in Section 5.

(e)Nothing in this Section affects the liability of a responsible party for oil spill response under State law.