Code of Federal Regulations Title 33. Navigation and Navigable Waters § 33.151.11 Exceptions for emergencies

(i) Provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimizing the discharge;  and

(ii) Except if the owner or the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result.