20.1805 Liability for persons responding to discharges of oil.

Cite as [A.S.C.A. § 20.1805]

(a) Notwithstanding any other provision of law, a person (including but not limited to an oil spill response organization) is not liable under the laws of American Samoa or the common law to any person for removal costs, or damages and other claims and expenses 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 the Territorial official with responsibility for oil spill response.

(b) Subsection (a) of 20.1805 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 willful misconduct in connection with the cleanup of a discharge of oil.

(c) A responsible party is liable for any removal costs and damages that another person (or oil spill response organization) is relieved of under Subsection (a) of Section 20.1805.

(d) Nothing in this section affects the liability of a responsible party for oil spill response under the laws of American Samoa.

History: 1993, PL 23-7.