(a) Notwithstanding any other provision of law, a person is not liable for costs of containment, cleanup, and removal of the discharge or damages as a result of acts or omissions taken in the course of rendering care, assistance, or advice consistent with this subtitle and the National Contingency Plan, or as otherwise directed by the federal on–scene coordinator or appropriate State official unless:
(1) The person is a person responsible for the discharge in accordance with § 4–401(j) of this subtitle;
(2) The person is a responsible party as defined by the federal Oil Pollution Act of 1990; or
(3) The person is grossly negligent or engages in willful misconduct.
(b) Nothing in subsection (a) of this section shall be construed to affect or limit any cause of action for personal injury or wrongful death arising from an act or omission of a person responding to a discharge.
(c) A responsible party as defined by the federal Oil Pollution Act of 1990 or a person responsible for the discharge as defined in § 4–401(j) of this subtitle is liable for any containment, cleanup, and removal costs or damages that another person is relieved of under this section.
Structure Maryland Statutes
Subtitle 4 - Water Pollution Control and Abatement
Section 4-402 - Declaration of Public Policy
Section 4-403 - Construction and Purpose of Subtitle; Remedies Additional and Cumulative
Section 4-405 - Powers and Duties of Department Generally
Section 4-406 - Development of Program to Respond to Emergency Oil Spillage
Section 4-407 - Bond of Vessels on Waters of State to Discharge or Receive Oil Cargo
Section 4-408 - Compensatory Fee for Oil Spillage
Section 4-409 - Liability for Damages Caused by Oil Spillage; Underground Tanks
Section 4-410 - Discharge of Oil Generally
Section 4-411 - Oil Discharge Containment, Control and Clean-Up
Section 4-411.1 - Underground Oil Storage Facilities
Section 4-411.2 - Groundwater Contamination
Section 4-412 - Procedure Upon Violations of Subtitle
Section 4-413 - Adding, Introducing, etc., Soil or Sediment Into Waters of the State
Section 4-414 - Evaluating and Monitoring Dumping of Dredged Spoils
Section 4-415 - Orders to Correct Violations
Section 4-415.1 - Entry and Access to Property
Section 4-416 - Injunctive Relief
Section 4-418 - Violations of 4-410; Enforcement and Disposition of Penalties and Compensatory Fees
Section 4-419 - Liability of Persons Assisting in Controlling Discharge