2012 Delaware Code
Title 7 - Conservation
CHAPTER 62. OIL POLLUTION LIABILITY
§ 6208. Liability.

(a) Subject to subsections (b) and (c) of this section, the owner and operator of a vessel or of a facility, which is the source of, or poses a threat of, oil pollution, shall be jointly, severally and strictly liable for all damages for which a claim may be asserted under § 6207 of this title.

(b) Except when the incident is caused by gross negligence or willful misconduct within the privity or knowledge of the owner or operator, or when the incident is caused by a gross or willful violation by the owner or operator of applicable safety, construction or operating standards or regulations of the State or when the owner or operator fails or refuses to provide a certificate of financial responsibility as required by subsection (d) of this section, the total liability under subsection (a) of this section shall not exceed:

(1) In the case of a vessel other than a ship, $150 per gross ton;

(2) In the case of a ship, $300 per gross ton or $250,000, whichever is greater, up to a maximum of $30,000,000; or

(3) In the case of a facility, $50,000,000 or such lesser limit as is established under subsection (e) of this section.

(c) There shall be no liability under subsection (a) of this section:

(1) To the extent that the incident is caused by an act of war, hostilities, civil war or insurrection, or by a natural phenomenon of an unforeseen, exceptional, inevitable and irresistible character;

(2) As to a particular claimant, where the incident or the economic loss is caused by the gross negligence or willful misconduct of that claimant.

(d) A certificate of financial responsibility, duly issued or approved by the Secretary, shall be an absolute condition precedent to any limitation of liability under this section.

(e) The Secretary shall issue regulations establishing limits of liability, up to $50,000,000, for various classes of facilities. These regulations shall take into account the size, type, location, oil storage and handling capacity, and other matters relating to the likelihood of incidents as to those classes. Such limits shall, to the extent practicable, be comparable to those limits established under paragraph (b)(2) of this section, taking into account the relative potential threat of oil pollution. In no case shall it exceed the limits imposed by the federal government.

(f) The Secretary shall, from time to time, report to the General Assembly on the desirability of adjusting the monetary limitation of liability specified in subsection (b) of this section.

(g) In addition to the damages for which claims may be asserted under § 6207 of this title and without regard to the limitation of liability provided in this section, the owner, operator or guarantor shall be liable to the claimant for such interest as may be awarded in the discretion of the court as well as court costs and attorneys' fees.

(h) Nothing in this chapter shall bar a cause of action that an owner or operator, subject to liability under subsection (a) of this section, or a guarantor has or would have, by reason of subrogation or otherwise, against any person or governmental entity other than the State and its agencies or subdivisions.

61 Del. Laws, c. 127, § 1.;