Official Code of Georgia Annotated

Title 12. CONSERVATION AND NATURAL RESOURCES · Chapter 5. WATER RESOURCES · Article 7. COSTS OF OIL SPILL RESPONSE

12-5-501. Liability for removal costs or damages; exceptions.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
Notwithstanding any other provision 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 any state official with responsibility for oil spill response.#
(b)
Subsection (a) of this Code section shall not apply:#
1. (1)
  To a responsible party;#
2. (2)
  With respect to personal injury or wrongful death;#
3. (3)
  If the person is grossly negligent or engages in willful misconduct; or#
4. (4)
  To a response under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601, et seq.).#
(c)
A responsible party shall be liable for any removal costs and damages that another person is relieved of under subsection (a) of this Code section.#
(d)
Nothing in this Code section shall affect the liability of a responsible party for oil spill response under any applicable state law.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

Code 1981, § 12-5-501, enacted by Ga. L. 1991, p. 1598, § 1.

For article on CERCLA liability for secured creditors, see 41 Emory L.J. 167 (1992).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t12-(v10)-2021-pdf.pdf, Volume V10, 2021 edition, page 643; merge action: annotated; file SHA-256 a1ca11f804f2.