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 grossly
negligent 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 in
section 3 of this chapter and subject to section 4 of this chapter, a
person 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 of
providing 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 responsible
party remains liable for any and all damage arising from the
discharge, including damage arising from improperly provided
response 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 removal
costs or damage

    

Sec. 4. A party who is a responsible party with respect to an oil
discharge is, in the absence of a defense to liability for the removal
costs or damage arising from the discharge, liable for removal costs
or damage caused by a person who is immune from liability under
section 2 of this chapter.

As added by P.L.1-1996, SEC.14.