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

Terms Used In Tennessee Code 68-216-103

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Damages: means damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge or threatened discharge of oil. See Tennessee Code 68-216-102
  • Federal on-scene coordinator: means the federal official designated by the lead agency or predesignated by the environmental protection agency (EPA) or the coast guard to coordinate and direct responses under the National Contingency Plan. See Tennessee Code 68-216-102
  • National Contingency Plan: means the National Contingency Plan prepared and published under §. See Tennessee Code 68-216-102
  • Oil: means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil. See Tennessee Code 68-216-102
  • Person: means an individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, or any interstate body. See Tennessee Code 68-216-102
  • removal: means containment and removal of oil or a hazardous substance from water and shorelines or the taking of other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches. See Tennessee Code 68-216-102
  • Removal costs: means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident. See Tennessee Code 68-216-102
  • Responsible party: means a responsible party as defined under §. See Tennessee Code 68-216-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(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 willful misconduct.
(c) A responsible party is liable for any removal costs and damages that another person is relieved of under subsection (a).
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