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33 U.S.C. § 2708 — Recovery by responsible party

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2708 — 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 2713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2713&num=0&edition=prelim) only if the responsible party demonstrates that— (1) the responsible party is entitled to a defense to liability under [section 2703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2703&num=0&edition=prelim); or (2) the responsible party is entitled to a limitation of liability under [section 2704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2704&num=0&edition=prelim). **(b) Extent of recovery** A responsible party who is entitled to a limitation of liability may assert a claim under [section 2713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2713&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2713&num=0&edition=prelim) exceeds the amount to which the total of the liability under [section 2702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702&num=0&edition=prelim) and removal costs and damages incurred by, or on behalf of, the responsible party is limited under [section 2704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-

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Source file: Laws/federal/codes/united-states-code/title-33/section-2708-recovery-by-responsible-party--b0dd0933a8.md
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Source location: Title 33, Chapter 40, § 2708; chapter-040-oil-pollution.md

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2713 — Claims procedure

**(a) Presentation** Except as provided in subsection (b), all claims for removal costs or damages shall be presented first to the responsible party or guarantor of the source designated under [section 2714(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2714/a&num=0&edition=prelim). **(b) Presentation to Fund** (1) **In general** — Claims for removal costs or damages may be presented first to the Fund— (A) if the President has advertised or otherwise notified claimants in accordance with [section 2714(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2714/c&num=0&edition=prelim); (B) by a responsible party who may assert a claim under [section 2708 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2708&num=0&edition=prelim); (C) by the Governor of a State for removal costs incurred by that State; or (D) by a United States claimant in a case where a foreign offshore unit has discharged oil causing damage for which the Fund is liable under [section 2712(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2712/a&num=0&edition=prelim). (2) **Limitation on presenting claim** — No claim of a person against the Fund may be approved or certified during the pendency of an action by the person in court to recover costs which are the subject of the claim. **(c) Election** If a claim is presented in accordance with subsection (a) and— (1) each person to whom the claim is presented denies all liability for the claim, or (2) the claim is not settled by any person by payment within 90 days after the date upon which (A) the claim was presented, or (B) advertising was begun pursuant to [section 271

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2702 — Elements of liability

**(a) In general** Notwithstanding any other provision or rule of law, and subject to the provisions of this Act, each responsible party for a vessel or a facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, into or upon the navigable waters or adjoining shorelines or the exclusive economic zone is liable for the removal costs and damages specified in subsection (b) that result from such incident. **(b) Covered removal costs and damages** (1) **Removal costs** — The removal costs referred to in subsection (a) are— (A) all removal costs incurred by the United States, a State, or an Indian tribe under subsection (c), (d), (e), or (l) of [section 1321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1321&num=0&edition=prelim), under the Intervention on the High Seas Act ([33 U.S.C. 1471](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1471&num=0&edition=prelim) et seq.), or under State law; and (B) any removal costs incurred by any person for acts taken by the person which are consistent with the National Contingency Plan. (2) **Damages** — The damages referred to in subsection (a) are the following: (A) *Natural resources* — Damages for injury to, destruction of, loss of, or loss of use of, natural resources, including the reasonable costs of assessing the damage, which shall be recoverable by a United States trustee, a State trustee, an Indian tribe trustee, or a foreign trustee. (B) *Real or personal property* — Damages for injury to, or economic losses resulting from destruction of, real or personal property, which shall be recoverable by a claimant who owns or leases that property. (C) *Subsistence use* — Damages for loss of subsistenc

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2703 — Defenses to liability

**(a) Complete defenses** A responsible party is not liable for removal costs or damages under [section 2702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702&num=0&edition=prelim) if the responsible party establishes, by a preponderance of the evidence, that the discharge or substantial threat of a discharge of oil and the resulting damages or removal costs were caused solely by— (1) an act of God; (2) an act of war; (3) an act or omission of a third party, other than an employee or agent of the responsible party or a third party whose act or omission occurs in connection with any contractual relationship with the responsible party (except where the sole contractual arrangement arises in connection with carriage by a common carrier by rail), if the responsible party establishes, by a preponderance of the evidence, that the responsible party— (A) exercised due care with respect to the oil concerned, taking into consideration the characteristics of the oil and in light of all relevant facts and circumstances; and (B) took precautions against foreseeable acts or omissions of any such third party and the foreseeable consequences of those acts or omissions; or (4) any combination of paragraphs (1), (2), and (3). **(b) Defenses as to particular claimants** A responsible party is not liable under [section 2702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702&num=0&edition=prelim) to a claimant, to the extent that the incident is caused by the gross negligence or willful misconduct of the claimant. **(c) Limitation on complete defense** Subsection (a) does not apply with respect to a responsible party who fails or refuses— (1) to report the incident as required by law if t

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2704 — Limits on liability

**(a) General rule** Except as otherwise provided in this section, the total of the liability of a responsible party under [section 2702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702&num=0&edition=prelim) and any removal costs incurred by, or on behalf of, the responsible party, with respect to each incident shall not exceed— (1) for a tank vessel the greater of— (A) with respect to a single-hull vessel, including a single-hull vessel fitted with double sides only or a double bottom only, $3,000 per gross ton; (B) with respect to a vessel other than a vessel referred to in subparagraph (A), $1,900 per gross ton; or (C) (i) with respect to a vessel greater than 3,000 gross tons that is— (I) a vessel described in subparagraph (A), $22,000,000; or (II) a vessel described in subparagraph (B), $16,000,000; or (ii) with respect to a vessel of 3,000 gross tons or less that is— (I) a vessel described in subparagraph (A), $6,000,000; or (II) a vessel described in subparagraph (B), $4,000,000; (2) for any other vessel, $950 per gross ton or $800,000, whichever is greater; (3) for an offshore facility except a deepwater port, the total of all removal costs plus $75,000,000; and (4) for any onshore facility and a deepwater port, $350,000,000. **(b) Division of liability for mobile offshore drilling units** (1) **Treated first as tank vessel** — For purposes of determining the responsible party and applying this Act and except as provided in paragraph (2), a mobile offshore drilling unit which is being used as an offshore facility is deemed to be a tank vessel with respect to the discharge, or the substantial threat of a discharge, of oil on or above the surface of the water. (2)

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2708 — Recovery by responsible party

Page 887 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2712 Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a)(1), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, known as the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables. The Trans-Alaska Pipeline Authorization Act, re- ferred to in subsec. (b)(4), is title II of Pub. L. 93–153, Nov. 16, 1973, 87 Stat. 584, which is classified generally to chapter 34 (§ 1651 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1651 of Title 43 and Tables. § 2708. 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 as- sert a claim for removal costs and damages under section 2713 of this title only if the re- sponsible party demonstrates that— (1) the responsible party is entitled to a de- fense to liability under section 2703 of this title; or (2) the responsible party is entitled to a lim- itation of liability under section 2704 of this title. (b) Extent of recovery A responsible party who is entitled to a limi- tation of liability may assert a claim under sec- tion 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 as- serted under section 2713 of this title exceeds the amount to which the total of the liability under section 2702 of this titl

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