260.818. Definitions.

Definitions.

260.818. As used in sections 260.818 and 260.819 the following termsmean:

(1) "Damages", damages of any kind for which liability may exist underthe laws of this state resulting from, arising out of, or related to thedischarge or threatened discharge of oil;

(2) "Discharge", any emission, other than natural seepage, intentionalor unintentional, and includes, but is not limited to, spilling, leaking,pumping, pouring, emitting, emptying, or dumping;

(3) "Federal on-scene coordinator", the federal official designated bythe lead agency or predesignated by the United States Environmental ProtectionAgency or the United States Coast Guard to coordinate and direct responsesunder the National Contingency Plan;

(4) "National Contingency Plan", the National Contingency Plan preparedand published under section 311(d) of the Federal Water Pollution Control Act,33 U.S.C. 1321(d), as amended by the Oil Pollution Act of 1990, P.L. No.101-380, 104 Stat. 484, 1990;

(5) "Oil", oil of any kind or in any form, including, but not limitedto, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes otherthan dredged spoil;

(6) "Person", an individual, corporation, partnership, association,state, municipality, commission, or political subdivision of this state, orany interstate body;

(7) "Remove or removal", containment and removal of oil from water andshorelines or by taking of other actions as may be necessary to minimize ormitigate damage to the public health or welfare, including, but not limitedto, fish, shellfish, wildlife, and public and private property, shorelines,and beaches;

(8) "Removal costs", the costs of removal that are incurred after adischarge of oil has occurred or, in any case in which there is a substantialthreat of a discharge of oil, the costs to prevent, minimize, or mitigate oilpollution from such an incident;

(9) "Responsible party", a responsible party as defined under section1001 of the Oil Pollution Act of 1990, P.L. No. 101-380, 104 Stat. 484, 1990.

(L. 1995 S.B. 407)