Title 33 — Navigation and Navigable Waters
Chapter 40 — Oil Pollution
§ 2708. Recovery by responsible party
Statutory text
In general
The responsible party for a vessel or facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, may assert a claim for removal costs and damages under section 2713 of this title only if the responsible party demonstrates that—
the responsible party is entitled to a defense to liability under section 2703 of this title; or
the responsible party is entitled to a limitation of liability under section 2704 of this title.
Extent of recovery
A responsible party who is entitled to a limitation of liability may assert a claim under section 2713 of this title only to the extent that the sum of the removal costs and damages incurred by the responsible party plus the amounts paid by the responsible party, or by the guarantor on behalf of the responsible party, for claims asserted under section 2713 of this title exceeds the amount to which the total of the liability under section 2702 of this title and removal costs and damages incurred by, or on behalf of, the responsible party is limited under section 2704 of this title.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Oil Pollution Act of 1990
Pub. L. 101–380 title I § 1008 · 104 Stat. 484
Enacted · 33 U.S.C. § 2708
(Pub. L. 101–380, title I, § 1008, Aug. 18, 1990, 104 Stat. 497.)
Source evidence
Code source credit
(Pub. L. 101–380, title I, § 1008, Aug. 18, 1990, 104 Stat. 497.)Enacted provision · exact public law section
SEC. 1008. RECOVERY BY RESPONSIBLE PARTY. (a) In General.— The responsible party for a vessel or facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, may assert a claim for removal costs and damages under section 1013 only if the responsible party demonstrates that— (1) the responsible party is entitled to a defense to liability under section 1003; or (2) the responsible party is entitled to a limitation of liability under section 1004. (b) Extent of Recovery.— A responsible party who is entitled to a limitation of liability may assert a claim under section 1013 only to the extent that the sum of the removal costs and damages incurred by the responsible party plus the amounts paid by the responsible party, or by the guarantor on behalf of the responsible party, for claims asserted under section 1013 exceeds the amount to which the total of the liability under section 1002 and removal costs and damages incurred by, or on behalf of, the responsible party is limited under section 1004.
1 of 1 references resolved to an enrolled provision