2012 Delaware Code
Title 7 - Conservation
CHAPTER 62. OIL POLLUTION LIABILITY
§ 6209. Financial responsibility.

(a) The owner or operator of any vessel (except a nonself-propelled barge that does not carry oil as fuel or cargo) over 300 gross tons, which uses the waters of the State shall establish and maintain, in accordance with regulations promulgated by the Secretary, evidence of financial responsibility sufficient to satisfy the maximum amount of liability applicable to that vessel under § 6208(b) of this title. Financial responsibility may be established by any 1 or any combination of the following methods: Evidence of insurance, guarantee, surety bond or qualification as a self-insurer. Any bond filed shall be issued by a bonding company authorized to do business in the State. In cases where an owner or operator owns, operates or charters more than 1 vessel subject to this subsection, evidence of financial responsibility must be established to meet the maximum liability applicable to the largest of such vessels.

(b) The owner or operator of a facility shall establish and maintain, in accordance with regulations promulgated by the Secretary, evidence of financial responsibility sufficient to satisfy the maximum amount of liability applicable to that facility under § 6208(b) of this title.

(c) The master or operator of any vessel subject to this chapter shall have in his or her possession at all times certification that the financial responsibility provisions of this section have been complied with. Pilots holding a license issued by the State shall demand that such certification of financial responsibility be produced before providing any pilot service to said vessel.

(d) The owner or operator of any vessel or facility subject to this chapter who, upon request, does not produce certification furnished by the Secretary that the financial responsibility provisions of this section have been complied with, shall be punished by a fine of not less than $5,000 nor more than $15,000 for each such violation.

(e) Any claim authorized by § 6207 of this title may be asserted directly against any guarantor providing evidence of financial responsibility as required under this section. In defending such claim, the guarantor shall be entitled to invoke all rights and defenses which would be available to the owner or operator under this title. He or she shall also be entitled to invoke the defense that the incident was caused by the wilful misconduct of the owner or operator, but shall not be entitled to invoke any other defense which he or she might have been entitled to invoke in proceedings brought by the owner or operator against him or her.

61 Del. Laws, c. 127, § 1; 70 Del. Laws, c. 186, § 1.;