§ 143-215.94CC. Liability under this section; exceptions. - North Carolina Statutes

§ 143‑215.94CC. Liability under this section; exceptions.

(a)        Any responsible person shall be strictly liable,notwithstanding any language of limitation found in G.S. 143‑215.89, forall cleanup and removal costs and all direct or indirect damages incurredwithin the territorial jurisdiction of the State by any injured party, whicharise out of, or are caused by, the discharge or leaking of natural gas, oil,or drilling waste into or onto "coastal fishing waters" as defined inG.S. 113‑129(4), or offshore waters, or by any exploration in or uponcoastal fishing or offshore waters, from any of the following sources:

(1)        Any offshore well or undersea site at which there isexploration for or extraction or recovery of natural gas or oil.

(2)        Any offshore facility, oil rig, or oil platform at whichthere is exploration for, or extraction, recovery, processing, or storage of,natural gas or oil.

(3)        Any vessel offshore in which natural gas, oil, or drillingwaste is transported, processed or stored other than for purposes of fuel forthe vessel carrying it.

(4)        Any pipeline located offshore in which natural gas, oil, ordrilling waste is transported.

(b)        A responsible person is not liable to an injured party underthis section for any of the following:

(1)        Damages, other than costs of removal incurred by the Stateor a local government, caused solely by any act of war, hostilities, civil war,or insurrection or by an unanticipated grave natural disaster or other act ofGod of an exceptional, inevitable, and irresistible character, which could nothave been prevented or avoided by the exercise of due care or foresight.

(2)        Damages caused solely by the negligence or intentionalmalfeasance of that injured party.

(3)        Damages caused solely by the criminal act of a third partyother than the defendant or an agent or employee of the defendant.  In anyaction arising under the provisions of this Article wherein this exception israised as a defense to liability, the burden of proving that the alleged third‑partyintervention occurred in such a manner as to limit the liability of the personsought to be held liable shall be upon the person charged.

(4)        Natural seepage not caused by a responsible person.

(5)        Discharge or leaking of oil or natural gas from a privatepleasure boat or commercial fishing vessel having a fuel capacity of less than500 gallons.

(6)        Damages which arise out of, or are caused by, a dischargewhich is authorized by a State or federal permit.

(7)        Damages that could have been mitigated by the injured partyin accordance with common law.

(c)        A court of suitable jurisdiction in any action under thisPart may award reasonable costs of the suit and attorneys' fees, and the costsof any necessary expert witnesses, to any prevailing plaintiff.  The court mayaward reasonable costs of the suit and attorneys' fees to any prevailingdefendant only if the court finds that the plaintiff commenced or prosecutedthe suit under this Part in bad faith or solely for purposes of harassing thedefendant. (1989, c. 656, s.5, c. 770, ss. 75.4, 75.5.)