Page:United States Statutes at Large Volume 104 Part 1.djvu/525

 PUBLIC LAW 101-380 —AUG. 18, 1990 104 STAT. 491 removal costs or damages from the third party or the Fund paid under this subsection. (2) LIMITATION APPLIED. — (A) OWNER OR OPERATOR OF VESSEL OR FACILITY.— If the act or omission of a third party that causes an incident occurs in connection with a vessel or facility owned or operated by the third party, the liability of the third party shall be subject to the limits provided in section 1004 as applied with respect to the vessel or facility. (B) OTHER CASES. — In any other case, the liability of a third party or parties shall not exceed the limitation which would have been applicable to the responsible party of the vessel or facility from which the discharge actually occurred if the responsible party were liable. SEC. 1003. DEFENSES TO LIABILITY. 33 USC 2703. (a) COMPLETE DEFENSES.— A responsible party is not liable for removal costs or damages under section 1002 if the responsible party establishes, by a preponderance of the evidence, that the discharge or substantial threat of a discharge of oil and the resulting damages or removal costs were caused solely by— (1) an act of God; (2) an act of war; (3) an act or omission of a third party, other than an employee or agent of the responsible party or a third party whose act or omission occurs in connection with any contractual relationship with the responsible party (except where the sole contractual arrangement arises in connection with carriage by a common carrier by rail), if the responsible party establishes, by a preponderance of the evidence, that the responsible party— (A) exercised due care with respect to the oil concerned, taking into consideration the characteristics of the oil and in light of all relevant facts and circumstances; and (B) took precautions against foreseeable acts or omissions of any such third party and the foreseeable consequences of those acts or omissions; or (4) any combination of paragraphs (1), (2), and (3). Ob) DEFENSES As To PARTICULAR CLAIMANTS.— A responsible party is not liable under section 1002 to a claimant, to the extent that the incident is caused by the gross negligence or willful misconduct of the claimant. (c) LIMITATION ON COMPLETE DEFENSE.— Subsection (a) does not apply with respect to a responsible party who fails or refuses— (1) to report the incident as required by law if the responsible party knows or has reason to know of the incident; (2) to provide all reasonable cooperation and assistance requested by a responsible official in connection with removal activities; or (3) without sufficient cause, to comply with an order issued under subsection (c) or (e) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), as amended by this Act, or the Intervention on the High Seas Act (33 U.S.C. 1471 et seq.). SEC. 1004. LIMITS ON LIABILITY. 33 USC 2704. (a) GENERAL RULE. —Except as otherwise provided in this section, the total of the liability of a responsible party under section 1002

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