Chapter 54a

10 GCA HEALTH AND SAFETY CH. 54A GUAM OIL SPILL RESPONDER ACT 1 CHAPTER 54A GUAM OIL SPILL RESPONDER ACT SOURCE: P.L. 22-038:3 (Sept. 28, 1993) added Chapter 54A (§§ 45300- 45302). Sections renumbered and codified as §§ 54A 001-54A303. 2014 NOTE: Pursuant to the authority granted by 1 GCA § 1606, sections were renumbered and subsection designations were altered to adhere to the Compiler’s general codification and alpha-numeric s cheme. § 54A001. Title. § 54A002. Definitions § 54A003. Exemption from Liability for Persons Resp onding to Discharges of Oil. § 54A001. Title. This chapter shall be known as the Guam Oil Spill Responder Act . § 54A002. Definitions . For the purposes of this chapter, the terms: (a) Damages means damages of any kind for which lia bility may arise under the laws of Guam or the common law resu lting from, arising out of, or related to the discharge or thre atened discharge of oil; (b) Discharge means any emission (other than natura l seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or du mping; (c) Federal On-Scene Coordinator means the Federal official predesignated by the

intentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or du mping; (c) 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 removal under Subpart E of the National Contingency Plan; (d) National Contingency Plan means the National Co ntingency Plan prepared and published under section 311(d) of the Federal Water Pollution Control Act (33 U.S.C. 1321(d)), as amend ed by the Oil Pollution Act of 1990 (33 U.S.C. 2701); (e) Oil means oil of any kind or in any form, incl uding, but not limited to, petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes other than dredged spoil; COL1031201410 GCA HEALTH AND SAFETY CH. 54A GUAM OIL SPILL RESPONDER ACT 2 (f) Oil Spill Response Organization means an organi zation of private persons which is established for the primar y purpose and activity of preventing or rendering care, assistanc e, equipment or advice in response to a discharge or threatened discharge of oil; (g) Person means an individual, corporation, partne rship, association, Federal agency, state, territory, muni

istanc e, equipment or advice in response to a discharge or threatened discharge of oil; (g) Person means an individual, corporation, partne rship, association, Federal agency, state, territory, muni cipality, commission, or political subdivision of a state or territory; (h) Removal costs means the costs of removal that a re incurred after a discharge of oil has occurred or, in any ca se 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; (i) Responsible party means the following: (1) Vessels. In the case of a vessel, any person ow ning, operating, or demise chartering the vessel. (2) Onshore facilities. In the case of an onshore f acility (other than a pipeline), any person owning or operating th e facility, except a Federal agency, a state, territory, munici pality, commission, or political subdivision of a state or territory, or any interstate body, that as the owner transfers posses sion and right to use the property to another person by lease, assign ment, or permit. (3) Offshore facilities.

ion of a state or territory, or any interstate body, that as the owner transfers posses sion and right to use the property to another person by lease, assign ment, or permit. (3) Offshore facilities. In the case of an offshore facility (other than a pipeline or a deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.) ), the lessee or permittee of the area in which the facility is l ocated or the holder of a right of use and easement granted under applicable state or territorial law or the Outer Continental S helf Lands Act (43 U.S.C. 1301-1356) for the area in which the fac ility is located (if the holder is a different person than the lesse e or permittee), except a Federal agency, state, territory, municipa lity, commission, or political subdivision of a state or territory, o r any interstate body, that as owner transfers possession and right to use the property to another person by lease, assignment, or permit. (4) Deepwater ports. In the case of a deepwater por t licensed under the Deepwater Port Act of 1974 (33 U.S.C. 150 1-1524), the licensee. COL1031201410 GCA HEALTH AND SAFETY CH. 54A GUAM OIL SPILL RESPONDER ACT 3 (5) Pipelines.

case of a deepwater por t licensed under the Deepwater Port Act of 1974 (33 U.S.C. 150 1-1524), the licensee. COL1031201410 GCA HEALTH AND SAFETY CH. 54A GUAM OIL SPILL RESPONDER ACT 3 (5) Pipelines. In the case of a pipeline, any perso n owning or operating the pipeline. (6) Abandonment. In the case of an abandoned vessel , onshore facility, deepwater port, pipeline, or offs hore facility, the persons who would have been responsible parties imm ediately prior to the abandonment of the vessel or facility. § 54A003. Exemption from Liability for Persons Resp onding to Discharges of Oil. (a) No person, including but not limited to an oil spill response organization, its agents, subcontractors and employ ees, shall be liable under the laws of Guam or the common law to any person fo r costs, damages, and any other claims and expenses as a result of action s taken or omitted to be taken in the course of rendering care, assistance a nd advice consistent with the National Contingency Plan, or at the direction of an on-site coordinator, Federal On-Scene Coordinator or the U.S. Coast Guar d or as otherwise directed by the President, or the Governor of Guam, in response to a discharge or

or at the direction of an on-site coordinator, Federal On-Scene Coordinator or the U.S. Coast Guar d or as otherwise directed by the President, or the Governor of Guam, in response to a discharge or threatened discharge of oil. (b) Subsection (a) of this § 54A003 shall not apply : (1) To a responsible party; (2) To actions for personal injury or wrongful deat h; (3) If the person commits acts of gross negligence or willful misconduct in connection with the cleanup of a disc harge of oil. (c) A responsible party is liable for any removal c osts and damages that another person or oil spill response organization i s relieved of under subsection (a) of this § 54A003. ---------- COL10312014 COL10312014