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2018 Georgia Code 12-5-501 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 12-5-501 Case Law from Google Scholar Amendments to OCGA 12-5-501

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 5. Water Resources, 12-5-1 through 12-5-586.

ARTICLE 7 COSTS OF OIL SPILL RESPONSE

12-5-501. Liability for removal costs or damages; exceptions.

  1. 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 any state official with responsibility for oil spill response.
  2. Subsection (a) of this Code section shall not apply:
    1. To a responsible party;
    2. With respect to personal injury or wrongful death;
    3. If the person is grossly negligent or engages in willful misconduct; or
    4. To a response under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601, et seq.).
  3. A responsible party shall be liable for any removal costs and damages that another person is relieved of under subsection (a) of this Code section.
  4. Nothing in this Code section shall affect the liability of a responsible party for oil spill response under any applicable state law.

(Code 1981, §12-5-501, enacted by Ga. L. 1991, p. 1598, § 1.)

Law reviews.

- For article on CERCLA liability for secured creditors, see 41 Emory L.J. 167 (1992).

RESEARCH REFERENCES

CERCLA Liability of Parent, Subsidiary, and Successor Corporation, 34 POF3d 387.

Citizens' Suit Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right-To-Know Act (EPCRA), 55 POF3d 155.

ALR.

- What constitutes "disposal" for purposes of owner or operator liability under § 107(a)(2) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607(a)(2)), 136 A.L.R. Fed 117.

Indemnification or release agreement as covering liability under § 107(A) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607(a)), 139 A.L.R. Fed 123.

Application of Statute of Limitations (42 USCS § 9613(g)(2)) in action under § 107 of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607) for recovery of costs for removal or remedial action, 142 A.L.R. Fed 115.

Equitable allocation of response costs in contribution action under § 113(f) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 USCA § 9613(f): Factors affecting response cost liability of generator, broker or arranger, and transporter in single waste stream cases, 146 A.L.R. Fed. 363.

Amount and characteristics of wastes as equitable factors in allocation of response costs pursuant to § 113(f)(1) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 USCA § 9613(f)(1): multiple waste streams, 162 A.L.R. Fed. 371.

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