CHAPTER 2. IMMUNITY FOR OIL DISCHARGE RESPONSE ASSISTANCE

IC 13-24-2
    Chapter 2. Immunity for Oil Discharge Response Assistance

IC 13-24-2-1
Applicability of chapter
    Sec. 1. This chapter does not apply to any of the following:
        (1) A discharge or a threatened discharge that is not:
            (A) into;
            (B) on; or
            (C) threatening to enter;
        the navigable waters of Indiana.
        (2) A person who, in providing response assistance, is grosslynegligent or engages in willful or wanton misconduct.
        (3) Personal injury or wrongful death.
As added by P.L.1-1996, SEC.14.

IC 13-24-2-2
Liability for oil discharge response assistance
    Sec. 2. Notwithstanding any other law, except as provided insection 3 of this chapter and subject to section 4 of this chapter, aperson is immune from liability under Indiana law for:
        (1) removal costs incurred; or
        (2) damage caused;
as a result of an act committed or omission made in the course ofproviding oil discharge response assistance.
As added by P.L.1-1996, SEC.14.

IC 13-24-2-3
Liability for original discharge
    Sec. 3. This chapter does not affect or impair:
        (1) a cause of action against; or
        (2) the liability of;
any responsible party for the original discharge. The responsibleparty remains liable for any and all damage arising from thedischarge, including damage arising from improperly providedresponse assistance, as otherwise provided by law.
As added by P.L.1-1996, SEC.14.

IC 13-24-2-4
Liability for oil discharge response assistance; liability for removalcosts or damage
    Sec. 4. A party who is a responsible party with respect to an oildischarge is, in the absence of a defense to liability for the removalcosts or damage arising from the discharge, liable for removal costsor damage caused by a person who is immune from liability undersection 2 of this chapter.
As added by P.L.1-1996, SEC.14.