West Virginia Code
1 - DEPARTMENT OF ENVIRONMENTAL PRO
1A - PRIVATE REAL PROPERTY PROTECTI
2 - ABANDONED MINE LANDS AND RECLAM
3 - SURFACE COAL MINING AND RECLAMA
3A - OFFICE OF EXPLOSIVES AND BLAST
4 - QUARRY RECLAMATION ACT
5 - AIR POLLUTION CONTROL
6 - OFFICE OF OIL AND GAS; OIL AND
6A - NATURAL GAS HORIZONTAL WELL CO
6B - OIL AND GAS HORIZONTAL WELL PR
7 - OIL AND GAS PRODUCTION DAMAGE C
8 - TRANSPORTATION OF OILS
9 - UNDERGROUND GAS STORAGE RESERVO
10 - ABANDONED WELL ACT
11 - WATER POLLUTION CONTROL ACT
11A - CARBON DIOXIDE SEQUESTRATION
12 - GROUNDWATER PROTECTION ACT
13 - NATURAL STREAMS PRESERVATION
14 - DAM CONTROL ACT
15 - SOLID WASTE MANAGEMENT ACT
15A - THE A
16 - SOLID WASTE LANDFILL CLOSURE
17 - UNDERGROUND STORAGE TANK ACT
18 - HAZARDOUS WASTE MANAGEMENT AC
19 - HAZARDOUS WASTE EMERGENCY RES
20 - ENVIRONMENTAL ADVOCATE
21 - COALBED METHANE WELLS AND UNI
22 - VOLUNTARY REMEDIATION AND RED
22B - UNIFORM ENVIRONMENTAL COVENA
23 - KYOTO PROTOCOL; ENFORCEMENT P
23A - ENVIRONMENTAL IMPACT STATEME
24 - SMALL BUSINESS ENVIRONMENTAL
25 - ENVIRONMENTAL EXCELLENCE PROG
26 - WATER RESOURCES PROTECTION AC
27 - ENVIRONMENTAL GOOD SAMARITAN
28 - COMMUNITY INFRASTRUCTURE INVE
29 - GREEN BUILDINGS MINIMUM ENERG
30 - THE ABOVEGROUND STORAGE TANK
31 - THE PUBLIC WATER SUPPLY PROTE
CHAPTER 22. ENVIRONMENTAL RESOURCES.
ARTICLE 22A. WEST VIRGINIA LIMITED LIABILITY FOR PERSONS RESPONDING TO OIL DISCHARGES ACT.
This article may be cited as the West Virginia Limited Liability for Persons Responding to Oil Discharges Act.
For the purposes of this article:
(a) "Damages" means damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge or threatened discharge of oil;
(b) "Discharge" means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or dumping;
(c) "Federal on-scene coordinator" means the federal official designated by the lead agency or predesignated by the United States environmental protection agency or the United States coast guard to coordinate and direct responses under the national contingency plan (NCP);
(d) "National contingency plan" means the national contingency plan prepared and published under Section 311(d) of the federal Water Pollution Control Act, 33 U.S.C. §1321(d), as amended by the Oil Pollution Act of 1990, Public Law No. 101-380, 104 Stat. 484 (1990) as in effect as of the effective date of this article;
(e) "Oil" means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes other than dredged spoil;
(f) "Person" means an individual, corporation, partnership, association, state, municipality, commission or political subdivision of a state or any interstate body;
(g) "Remove" or "removal" means containment and removal of oil or a hazardous substance from water and shorelines or the taking of other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife and public and private property, shorelines and beaches;
(h) "Removal costs" means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize or mitigate oil pollution from such an incident; and
(i) "Responsible party" means a responsible party as defined under §1001 of the Oil Pollution Act of 1990, Public Law No. 101-380, 104 Stat. 484 (1990).
(a) Notwithstanding any other provision of this code to the contrary, a person engaged in removal activities is not liable for removal costs or damages which result from acts or omissions 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 charged with responsibility for oil discharge responses.
(b) Subsection (a) of this section 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 willful misconduct.
(c) A responsible party is liable for any removal costs and damages that another person is relieved of under the provisions of subsection (a) of this section.
(d) Nothing in this section affects the liability of a responsible party for oil spill response under state law.