740 ILCS 113/ Oil Spill Responders Liability Act.

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740 ILCS 113/1

(740 ILCS 113/1)

Sec. 1.

Short title.

This Act may be cited as the Oil Spill Responders Liability Act.

(Source: P.A. 88-521.)

740 ILCS 113/5

(740 ILCS 113/5)

Sec. 5.

Definitions.

As used in this Act:

"Damages" means damages of any kind for which liability may exist under the
laws of this State resulting from, arising out of, or related to the discharge
or threatened discharge of oil.

"Discharge" means an emission, other than natural seepage, intentional or
unintentional, and includes, but is not limited to, spilling, leaking, pumping,
pouring, emitting, emptying, or dumping.

"Federal on-scene coordinator" means the federal official predesignated by
the United States Environmental Protection Agency or the United States Coast
Guard to coordinate and direct federal responses under subpart D, or the
official designated by the lead agency to coordinate and direct removal under
subpart E, of the National Contingency Plan.

"National Contingency Plan" means the National Contingency Plan prepared and
published under Section 311(d) of the federal Water Pollution Control Act, 33
U.S.C. 1321(d), as amended by the Oil Pollution Act of 1980, Public Law No.
101-380.

"Oil" means oil of any kind or in any form, including, but not limited to,
petroleum, fuel oil, sludge, oil refuse, and oil mixed with waste other than
dredged spoil, but does not include petroleum, including crude oil or any
fraction of crude oil, that is specifically listed or designated as a hazardous
substance under subparagraphs (A) through (F) of Section 101(14) of the federal
Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C.
9601) and that is subject to the provision of that Act.

"Person" means an individual, a corporation, a partnership, an association,
the State, a municipality, a commission, or a political subdivision of the
State, or an interstate body.

"Removal costs" means the costs of removal incurred after a discharge of oil
or, when there is a substantial threat of a discharge of oil, the costs to
prevent, minimize, or mitigate oil pollution from an incident.

"Responsible party" means a responsible party as defined under Section 1001
of the Oil Pollution Act of 1990, Public Law No. 101-380.

(Source: P.A. 91-357, eff. 7-29-99.)

740 ILCS 113/10

(740 ILCS 113/10)

Sec. 10.

Liability of oil spill responders.

(a) Notwithstanding any other provision of law, a person is not liable
for removal costs or damages that result from action 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

reckless, wilful, wanton, or intentional misconduct.

(c) A responsible party is liable for removal costs and damages that another
person is relieved of under subsection (a).

(d) A responsible party is liable for any damages or removal costs, whether
present or future, resulting from or arising out of any discharge, as defined
in Section 5.

(e) Nothing in this Section affects the liability of a responsible party for
oil spill response under State law.

(Source: P.A. 91-428, eff. 8-6-99.)

740 ILCS 113/99

(740 ILCS 113/99)

Sec. 99.

This Act takes effect upon becoming law.

(Source: P.A. 88-521.)