North Carolina General Statutes Chapter 143. State Departments, Institutions, and Commissions § 143-215.93A. Limitation on liability of persons engaged in removal of oil discharges

(1) To a responsible party;

(2) To a response under CERCLA/SARA or under Part 4 of Article 9 of Chapter 130A of the General Statutes;

(3) To a response under Part 3 of Article 9 of Chapter 130A of the General Statutes;

(4) To a cleanup under Part 2A of this Article;

(5) With respect to personal injury or wrongful death; or

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

(1) “CERCLA/SARA” means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96-510, 94 Stat. 2767,42 U.S.C. § 9601 et seq., as amended, and the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499, 100 Stat. 1613, as amended.

(2) “Damages” has the same meaning as in the Oil Pollution Act of 1990, 33 U.S.C. § 2701, and G.S. 143-215.94BB.

(3) “Federal On-Scene Coordinator” means a person designated as such in the National Contingency Plan.

(4) “National Contingency Plan” has the same meaning as in 33 U.S.C. § 1321, as amended.

(5) “Oil Pollution Act of 1990” means the Oil Pollution Act of 1990, Pub. L. No. 101-380, 104 Stat. 484, which appears generally as 33 U.S.C. § 2701 et seq., as amended.

(6) “Remove” or “removal” has the same meaning as in the Oil Pollution Act of 1990, 33 U.S.C. § 2701.

(7) “Removal costs” has the same meaning as in the Oil Pollution Act of 1990, 33 U.S.C. § 2701.

(8) “Responsible party” means a person who is a “responsible party” as defined in the Oil Pollution Act of 1990, 33 U.S.C. § 2701, and who is liable for removal costs or damages which result from, arise out of, or are related to the discharge or threatened discharge of oil.