CHAPTER 146-A OIL DISCHARGE OR SPILLAGE IN SURFACE WATER OR GROUNDWATER
Section 146-A:7
146-A:7 Private Participation. –
I. Notwithstanding any other provision of law or rule to the contrary, no oil spill cleanup organization or other person acting to contain, remove, clean up, restore or take other remedial or corrective action or measures with regard to the spillage or discharge of oil, or threatened spillage or discharge of oil, shall be liable for removal costs, penalties, fines or damages of any kind, including but not limited to, natural resources damages or civil damages to government or private parties, unless it is determined that their acts or omissions amounted to gross negligence or willful misconduct, provided that:
(a) The oil spill cleanup organization or other person was rendering care, assistance or advice, consistent with the National Contingency Plan or as otherwise directed by the Federal On-Scene Coordinator; or
(b) The oil spill cleanup organization or other person was acting upon the request of the department, or its designee, and pursuant to the department's response procedures.
II. The immunity provided by this section shall not apply to any person who, without regard to fault, directly or indirectly caused or suffered the spillage or discharge of oil, or threatened spillage or discharge of oil at issue, which required the initial containment, removal, cleanup, restoration or other remedial or corrective action or measures, and provided that any such person shall be strictly liable for any removal costs, penalties, fines and damages of any kind, that another person is relieved of responsibility for under paragraph I.