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Kentucky Revised Statutes Title XXXVI. Statutory Actions and Limitations § 411.493.Nonliability for removal costs or damages from actions under national contingency plan for oil spills

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) Notwithstanding any other provision of law, except as provided in subsection (2) of this section, a person is not liable for removal costs or damages which result from actions taken, or not 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 secretary of the Energy and Environment Cabinet, or his designee.

(2) Subsection (1) of this section does not apply:

(a) To a responsible party;

(b) To any person who is grossly negligent or who engages in willful misconduct; or

(c) With respect to personal injury or wrongful death.

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

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

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Cite this article: FindLaw.com - Kentucky Revised Statutes Title XXXVI. Statutory Actions and Limitations § 411.493.Nonliability for removal costs or damages from actions under national contingency plan for oil spills - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-xxxvi-statutory-actions-and-limitations/ky-rev-st-sect-411-493/

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