58:10-23.11g3. No liability for cleanup and removal costs for actions taken with respect to discharge of petroleum
411 words·~2 min read·
/nj/title-58/chapter-10/58-10-23-11g3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. a. Notwithstanding the provisions of section 8 of P.L.1976, c.141 (C.58:10-23.11g) or any other law, including common law, to the contrary, a person is not liable for any cleanup and removal costs or damages of any kind, direct or indirect no matter by whom sustained, which result from actions taken or not taken in the course of rendering care, assistance, or advice with respect to the discharge or threatened discharge of petroleum into the State's surface waters where the care, assistance, or advice is consistent with or pursuant to any of the following:
(1)the federal National Contingency Plan prepared pursuant to 33 U.S.C. s.1321;
(2)a State contingency plan;
(3)a State or federal vessel-specific contingency plan;
(4)the direction of a federal on-scene coordinator or an appropriate State official; or
(5)the emergency request of a person who is attempting to prevent the threatened discharge of petroleum from a vessel or who is otherwise liable for cleanup and removal costs of the initial discharge from the vessel pursuant to subsection c. of section 8 of P.L.1976, c.141 (C.58:10-23.11g), provided that a person rendering care, assistance, or advice shall provide notification of the threatened discharge or emergency, to the extent actually known to such person, to the United States Coast Guard or an appropriate federal or State official, as soon as practicable (although not of necessity before rendering care, assistance or advice) in the event such person is attempting to unload petroleum from a vessel to prevent or mitigate a discharge, or to tow, push, maneuver or otherwise physically move a vessel transporting petroleum to end the emergency.
b. The defense from liability granted pursuant to subsection a. of this section shall not apply
(1)to a person otherwise liable for cleanup and removal costs of the initial discharge pursuant to subsection c. of section 8 of P.L.1976, c.141 (C.58:10-23.11g),
(2)with respect to personal injury or wrongful death, or
(3)if the person is grossly negligent or engages in willful misconduct.
c. A person liable for the initial discharge or threat of discharge pursuant to subsection c. of section 8 of P.L.1976, c.141 (C.58:10-23.11g) is liable for any cleanup and removal costs and damages that another person is relieved of under this section.
d. Nothing in this section shall limit other defenses or immunities to liability that may exist in P.L.1976, c.141.
e. For the purposes of this section "petroleum" does not include dredged spoil.
L.1991,c.260,s.1; amended 1993,c.382.