MCA Chapter 18

Miss. Code Ann. § 49-18-1 Short title.

This chapter may be cited as the Mississippi Liability of Persons Responding to Oil Spills Act.

Miss. Code Ann. § 49-18-3 Definitions.

For the purposes of this chapter the term: “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; “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; “Federal on-scene coordinator” means the federal official predesignated by the U.S. Environmental Protection Agency or the U.S. Coast Guard to coordinate and direct federal responses under subpart D, or the official designated by the lead agency to coordinate and direct removal under subpart E, of the National Contingency Plan; “National Contingency Plan” means the National Contingency Plan prepared and published under Section 311(d) of the Federal Water Pollution Control Act (33 USCS 1321(d)), as amended by the Oil Pollution Act of 1990, Pub.L. No. 101-380, 104 Stat. 484 (1990); “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; but does not include petroleum, including crude oil or any fraction thereof, which is specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 USCS 9601) and which is subject to the provisions of that act; “Person” means an individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, or any interstate body; “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; “Responsible party” means a responsible party as defined under Section 1001 of the Oil Pollution Act of 1990, Pub.L. No. 101-380, 104 Stat. 484 (1990).

Miss. Code Ann. § 49-18-5 Liability of persons for oil spill response consistent with National Contingency Plan or on-scene directions.

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 the state official with responsibility for oil spill response. Subsection (1) does not apply: To a responsible party; To personal injury or wrongful death; or If the person is grossly negligent or engages in willful misconduct. A responsible party is liable for any removal costs and damages that another person is relieved of under subsection (1). Nothing in this section affects the liability of a responsible party for oil spill response under state law.