RCW 90.56.370
Strict liability of owner or controller of oil—Damages—Exceptions.
(1) Any person owning oil or having control over oil that enters the waters of the state in violation of RCW 90.56.320 shall be strictly liable, without regard to fault, for the damages to persons or property, public or private, caused by such entry.
(2) Damages for which responsible parties are liable under this section include loss of income, net revenue, the means of producing income or revenue, or an economic benefit resulting from an injury to or loss of real or personal property or natural resources.
(3) Damages for which responsible parties are liable under this section include damages provided in subsections (1) and (2) of this section resulting from the use and deployment of chemical dispersants or from in situ burning in response to a violation of RCW 90.56.320.
(4) In any action to recover damages resulting from the discharge of oil in violation of RCW 90.56.320, the owner or person having control over the oil shall be relieved from strict liability, without regard to fault, if that person can prove that the discharge was caused solely by:
(a) An act of war or sabotage;
(b) An act of God;
(c) Negligence on the part of the United States government; or
(d) Negligence on the part of the state of Washington.
(5) The liability established in this section shall in no way affect the rights which: (a) The owner or other person having control over the oil may have against any person whose acts may in any way have caused or contributed to the discharge of oil, or (b) the state of Washington may have against any person whose actions may have caused or contributed to the discharge of oil.
[ 2011 c 122 § 10; 2000 c 69 § 21; 1990 c 116 § 18; 1970 ex.s. c 88 § 6. Formerly RCW 90.48.336.]
NOTES:
Prospective application—1990 c 116 § 18(2): "The section 18(2), chapter 116, Laws of 1990 changes requiring the defenses in that subsection to be the sole causes of the discharge, and the text of section 18(2)(b), chapter 116, Laws of 1990 shall apply prospectively and not retroactively after June 7, 1990." [ 2000 c 69 § 26.]
Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
Structure Revised Code of Washington
Title 90 - Water Rights—Environment
Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response.
90.56.020 - Director responsible for spill response.
90.56.030 - Powers and duties.
90.56.040 - Authority supplemental.
90.56.070 - Coordination with federal law.
90.56.080 - Hazardous substances incident response training and education program.
90.56.100 - Washington wildlife rescue coalition.
90.56.110 - Rehabilitation of wildlife—Rules.
90.56.210 - Contingency plans.
90.56.2101 - Contingency plans—Department to update rules.
90.56.220 - Facility operation standards.
90.56.230 - Operations manuals.
90.56.240 - Standards for spill management, cleanup, and containment services contractors.
90.56.250 - Index of prevention plans and contingency plans—Equipment inventory.
90.56.260 - Adequacy of contingency plans—Practice drills—Report.
90.56.270 - Enforcement of contingency plans.
90.56.280 - Duty to notify coast guard and division of emergency management of discharge.
90.56.300 - Unlawful operation of facility—Criminal penalties.
90.56.320 - Unlawful for oil to enter waters—Exceptions.
90.56.330 - Additional penalties.
90.56.340 - Duty to remove oil.
90.56.360 - Liability for expenses.
90.56.370 - Strict liability of owner or controller of oil—Damages—Exceptions.
90.56.380 - Liability of others for cleanup expenses.
90.56.390 - Liability for removal costs.
90.56.410 - Right of entry and access to records pertinent to investigations.
90.56.420 - Authorized discharges of oil—Permits.
90.56.500 - Oil spill response account.
90.56.510 - Oil spill prevention account.
90.56.530 - Reckless operation of a tank vessel—Penalty.
90.56.540 - Operation of a vessel while under influence of liquor or drugs—Penalty.
90.56.550 - Breath or blood analysis.
90.56.560 - Limited immunity for blood withdrawal.
90.56.569 - Updates to the senate and house of representatives.
90.56.570 - Periodic evaluation and update of planning standards for oil spill response equipment.
90.56.580 - Crude oil vapor pressure—Maximum—Penalty.
90.56.900 - Construction—Appeal not to stay order, rule, or regulation.