33 USC 2702 - Elements of liability

U.S Code last checked for updates: Nov 22, 2024

§ 2702.

Elements of liability

(a)

In general

(b)

Covered removal costs and damages

(1)

Removal costs

The removal costs referred to in subsection (a) are—

(A)

all removal costs incurred by the United States, a State, or an Indian tribe under subsection (c), (d), (e), or (l) of section 1321 of this title, under the Intervention on the High Seas Act (33 U.S.C. 1471 et seq.), or under State law; and

(B)

any removal costs incurred by any person for acts taken by the person which are consistent with the National Contingency Plan.

(2)

Damages

The damages referred to in subsection (a) are the following:

(A)

Natural resources

(B)

Real or personal property

(C)

Subsistence use

(D)

Revenues

(E)

Profits and earning capacity

(F)

Public services

(c)

Excluded discharges

This subchapter does not apply to any discharge—

(1)

permitted by a permit issued under Federal, State, or local law;

(2)

from a public vessel; or

(3)

from an onshore facility which is subject to the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.).

(d)

Liability of third parties

(1)

In general

(A)

Third party treated as responsible party

(B)

Subrogation of responsible party

If the responsible party alleges that the discharge or threat of a discharge was caused solely by an act or omission of a third party, the responsible party—

(i)

in accordance with section 2713 of this title, shall pay removal costs and damages to any claimant; and

(ii)

shall be entitled by subrogation to all rights of the United States Government and the claimant to recover removal costs or damages from the third party or the Fund paid under this subsection.

(2)

Limitation applied

(A)

Owner or operator of vessel or facility

(B)

Other cases

(Pub. L. 101–380, title I, § 1002, Aug. 18, 1990, 104 Stat. 489.)

cite as: 33 USC 2702