68-216-103 - Exemption from liability for cleanups related to National Contingency Plan. - Tennessee Statutes

68-216-103. Exemption from liability for cleanups related to National Contingency Plan.

(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.

(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).

[Acts 1995, ch. 44, § 3.]