S*1320 Session 109 (1991-1992)
S*1320(Rat #0428, Act #0372 of 1992) General Bill, By Land, H.U. Fielding,
D.L. Hinds and Passailaigue
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 44
to Title 48, so as to provide for the South Carolina Oil Spill Responders
Liability Act to conform South Carolina law with the federal Oil Pollution Act
of 1990 and with the law of adjacent states by providing immunity from
liability for property damage caused by acts of simple negligence on the part
of persons responding to oil spills and to ensure that a party causing an oil
spill remains liable for removal costs and damages.
02/25/92 Senate Introduced and read first time SJ-6
02/25/92 Senate Referred to Committee on Agriculture and Natural
Resources SJ-7
03/31/92 Senate Committee report: Favorable with amendment
Agriculture and Natural Resources SJ-40
04/08/92 Senate Amended SJ-33
04/08/92 Senate Read second time SJ-33
04/08/92 Senate Ordered to third reading with notice of
amendments SJ-33
04/09/92 Senate Read third time and sent to House SJ-12
04/14/92 House Introduced and read first time HJ-22
04/14/92 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-22
04/15/92 House Committee report: Favorable Agriculture, Natural
Resources and Environmental Affairs HJ-4
04/29/92 House Read second time HJ-251
04/30/92 House Read third time and enrolled HJ-18
05/13/92 Ratified R 428
05/19/92 Signed By Governor
05/19/92 Effective date 05/19/92
05/19/92 Act No. 372
07/01/92 Copies available
(A372, R428, S1320)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 48,
SO AS TO PROVIDE FOR THE SOUTH CAROLINA OIL
SPILL RESPONDERS LIABILITY ACT TO CONFORM
SOUTH CAROLINA LAW WITH THE FEDERAL OIL
POLLUTION ACT OF 1990 AND WITH THE LAW OF
ADJACENT STATES BY PROVIDING IMMUNITY FROM
LIABILITY FOR PROPERTY DAMAGE CAUSED BY ACTS
OF SIMPLE NEGLIGENCE ON THE PART OF PERSONS
RESPONDING TO OIL SPILLS AND TO ENSURE THAT A
PARTY CAUSING AN OIL SPILL REMAINS LIABLE FOR
REMOVAL COSTS AND DAMAGES.
Whereas, the Congress of the United States has enacted the Oil
Pollution Control Act of 1990, Public Law No. 101-380, 104 Stat.
484 (1990), which provides limited liability for persons who
respond to oil spills; and
Whereas, the limit on liability provided under the federal Oil
Pollution Act extends only to acts of simple negligence involving
property damage; and
Whereas, eighteen coastal states, including North Carolina and
Georgia, have enacted statutes consistent with the federal Oil
Pollution Act providing identical limits on liability; and
Whereas, the General Assembly finds that, in order to assure that
the coastal environment of South Carolina will receive a prompt
and equal response to a catastrophic oil spill under the federal Oil
Pollution Act, it is reasonable and necessary to enact provisions of
law consistent with that act and with the laws of other coastal
states so as to provide for limited immunity for responders to oil
spills. Now, therefore,
Be it enacted by the General Assembly of the State of South
Carolina:
South Carolina Oil Spill Responders Liability Act
SECTION 1. Title 48 of the 1976 Code is amended by
adding:
"CHAPTER 44
South Carolina Oil Spill
Responders Liability Act
Section 48-44-10. This chapter may be cited as the South
Carolina Oil Spill Responders Liability Act.
Section 48-44-20. For purposes of this chapter:
(1) `Damages' means damages of any kind for which liability
may exist under the laws of this State resulting from, arising out
of, or related to the discharge or threatened discharge of oil.
(2) `Discharge' means an emission, other than natural seepage,
intentional or unintentional, and includes, but is not limited to,
spilling, leaking, pumping, pouring, emitting, emptying, or
dumping.
(3) `Federal on-scene coordinator' means the federal official
predesignated by the United States Environmental Protection
Agency or the United States Coast Guard to coordinate and direct
federal responses under subpart D, or the official designated by
the lead agency to coordinate and direct removal under subpart E,
of the National Contingency Plan.
(4) `National Contingency Plan' means the National
Contingency Plan prepared and published under Section 311(d) of
the Federal Water Pollution Control Act, 33 U.S.C. 1321(d), as
amended by the Oil Pollution Act of 1990, Public Law No. 101-380, 104 Stat. 484 (1990).
(5) `Oil' means oil of any kind or in any form, including, but
not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed
with wastes other than dredged spoil.
(6) `Person' means an individual, a corporation, a partnership,
an association, the State, a municipality, a commission, or a
political subdivision of the State, or an interstate body.
(7) `Removal costs' means the costs of removal incurred after
a discharge of oil or, when there is a substantial threat of a
discharge of oil, the costs to prevent, minimize, or mitigate oil
pollution from an incident.
(8) `Responsible party' means a responsible party as defined
under Section 1001 of the Oil Pollution Act of 1990, Public Law
No. 101-380, 104 Stat. 484 (1990).
Section 48-44-30. (A) Notwithstanding other provisions 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 the state official with responsibility for oil spill
response.
(B) Subsection (A) 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 wanton
or wilful misconduct.
(C) A responsible party is liable for removal costs and
damages that another person is relieved of under subsection
(A).
(D) Nothing in this section affects the liability of a responsible
party for oil spill response under state law."
Time effective
SECTION 2. This act takes effect upon approval by the
Governor.
Approved the 19th day of May, 1992. |