Illinois Compiled Statutes 740 ILCS 113 Oil Spill Responders Liability Act. Section 10

    (740 ILCS 113/10)

    Sec. 10. Liability of oil spill responders.

    (a) Notwithstanding any other provision of law, a person is not liable for removal costs or damages that result from action 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

    reckless, wilful, wanton, or intentional misconduct.

    (c) A responsible party is liable for removal costs and damages that another person is relieved of under subsection (a).

    (d) A responsible party is liable for any damages or removal costs, whether present or future, resulting from or arising out of any discharge, as defined in Section 5.

    (e) Nothing in this Section affects the liability of a responsible party for oil spill response under State law.

(Source: P.A. 91-428, eff. 8-6-99.)

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Last modified: February 18, 2015