H 4473 General Bill, By C.L. Sturkie, R.L. Altman, J.J. Bailey, L.E. Bennett, 
K.S. Corbett, Cork, H.M. Hallman, Harrison, Haskins, J.H. Hodges, T.E. Huff, 
K.G. Kempe, S.G. Manly, Quinn, J. Rama, Riser, Sharpe, C.H. Stone, C.Y. Waites, 
C.C. Wells, Wilkes and D.A. Wright
 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.

   02/26/92  House  Introduced and read first time HJ-39
   02/26/92  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-39

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.

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:

SECTION 1. Title 48 of the 1976 Code is amended by adding:

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) 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 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."

SECTION 2. This act takes effect upon approval by the Governor.