2010 Georgia Code
TITLE 12 - CONSERVATION AND NATURAL RESOURCES
CHAPTER 5 - WATER RESOURCES
ARTICLE 7 - COSTS OF OIL SPILL RESPONSE
§ 12-5-501 - Liability for removal costs or damages; exceptions
. Liability for removal costs or damages; exceptions
(a) Notwithstanding any other provision of law, a person is not liable for removal costs or damages which result from actions 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 any state official with responsibility for oil spill response.
(b) Subsection (a) of this Code section shall not apply:
(1) To a responsible party;
(2) With respect to personal injury or wrongful death;
(3) If the person is grossly negligent or engages in willful misconduct; or
(4) To a response under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601, et seq.).
(c) A responsible party shall be liable for any removal costs and damages that another person is relieved of under subsection (a) of this Code section.
(d) Nothing in this Code section shall affect the liability of a responsible party for oil spill response under any applicable state law.
Graham Syfert - Jacksonville Lawyer