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90_SB1459
740 ILCS 113/10
Amends the Oil Spill Responders Liability Act. In
provisions limiting liability for removal costs or damages
when responding to an oil spill for persons who act in
accordance 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 responses, changes
the act for which liability is limited from "responding to an
emergency request" to "rendering care, assistance, or
advice". Provides that this provision applies
notwithstanding any other provision of law.
LRB9008719SMdv
LRB9008719SMdv
1 AN ACT to amend the Oil Spill Responders Liability Act by
2 changing Section 10.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Oil Spill Responders Liability Act is
6 amended by changing Section 10 as follows:
7 (740 ILCS 113/10)
8 Sec. 10. Liability of oil spill responders.
9 (a) Notwithstanding any other provision of law, a person
10 is not liable for removal costs or damages that result from
11 action taken or omitted to be taken in the course of
12 rendering care, assistance, or advice responding to an
13 emergency request consistent with the National Contingency
14 Plan or as otherwise directed by the federal on-scene
15 coordinator or by the State official with responsibility for
16 oil spill response.
17 (b) Subsection (a) does not apply:
18 (1) to a responsible party;
19 (2) with respect to personal injury or wrongful
20 death; or
21 (3) if the person is grossly negligent or engages
22 in reckless, wilful, wanton, or intentional misconduct.
23 (c) A responsible party is liable for removal costs and
24 damages that another person is relieved of under subsection
25 (a).
26 (d) A responsible party is liable for any damages or
27 removal costs, whether present or future, resulting from or
28 arising out of any discharge, as defined in Section 5.
29 (e) Nothing in this Section affects the liability of a
30 responsible party for oil spill response under State law.
31 (Source: P.A. 88-521.)