49-18-5 - Liability of persons for oil spill response consistent with National Contingency Plan or on-scene directions. - Mississippi Statutes

§ 49-18-5. Liability of persons for oil spill response consistent with National Contingency Plan or on-scene directions.
 

(1)  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. 

(2)  Subsection (1) does not apply: 

(a) To a responsible party; 

(b) To personal injury or wrongful death; or 

(c) If the person is grossly negligent or engages in willful misconduct. 

(3)  A responsible party is liable for any removal costs and damages that another person is relieved of under subsection (1). 

(4)  Nothing in this section affects the liability of a responsible party for oil spill response under state law. 
 

Sources: Laws,  1991, ch. 582, § 3, eff from and after passage (approved April 12, 1991).