This is what came up when I Googled. I don't know whether this has been amended.
SEC. 1004. LIMITS ON LIABILITY.
(a) GENERAL RULE.—Except as otherwise provided in this section,
the total of the liability of a responsible party under section
1002 and any removal costs incurred by, or on behalf of, the responsible
party, with respect to each incident shall not exceed—
(1) for a tank vessel, the greater of—
(A) $1,200 per gross ton; or
(B)(i) in the case of a vessel greater than 3,000 gross
tons, $10,000,000; or
(ii) in the case of a vessel of 3,000 gross tons or less,
$2,000,000;
(2) for any other vessel, $600 per gross ton or $500,000,
whichever is greater;
(3) for an offshore facility except a deepwater port, the total
of all removal costs plus $75,000,000; and
(4) for any onshore facility and a deepwater port,
$350,000,000.
(b) DIVISION OF LIABILITY FOR MOBILE OFFSHORE DRILLING
UNITS.—
(1) TREATED FIRST AS TANK VESSEL.—For purposes of determining
the responsible party and applying this Act and except
Q:\COMP\WATER2\OPA90
December 29, 2000
Sec. 1004 OIL POLLUTION ACT OF 1990 244
as provided in paragraph (2), a mobile offshore drilling unit
which is being used as an offshore facility is deemed to be a
tank vessel with respect to the discharge, or the substantial
threat of a discharge, of oil on or above the surface of the
water.
(2) TREATED AS FACILITY FOR EXCESS LIABILITY.—To the extent
that removal costs and damages from any incident described
in paragraph (1) exceed the amount for which a responsible
party is liable (as that amount may be limited under subsection
(a)(1)), the mobile offshore drilling unit is deemed to be
an offshore facility. For purposes of applying subsection (a)(3),
the amount specified in that subsection shall be reduced by the
amount for which the responsible party is liable under paragraph
(1).
(c) EXCEPTIONS.—
(1) ACTS OF RESPONSIBLE PARTY.—Subsection (a) does not
apply if the incident was proximately caused by—
(A) gross negligence or willful misconduct of, or
(B) the violation of an applicable Federal safety, construction,
or operating regulation by,
the responsible party, an agent or employee of the responsible
party, or a person acting pursuant to a contractual relationship
with the responsible party (except where the sole contractual
arrangement arises in connection with carriage by a common
carrier by rail).
(2) FAILURE OR REFUSAL OF RESPONSIBLE PARTY.—Subsection
(a) does not apply if the responsible party fails or refuses—
(A) to report the incident as required by law and the responsible
party knows or has reason to know of the incident;
(B) to provide all reasonable cooperation and assistance
requested by a responsible official in connection with removal
activities; or
(C) without sufficient cause, to comply with an order
issued under subsection (c) or (e) of section 311 of the Federal
Water Pollution Control Act (33 U.S.C. 1321), as
amended by this Act, or the Intervention on the High Seas
Act (33 U.S.C. 1471 et seq.).
. . . .
Secretary of Commerce for Oceans and Atmosphere and in consultation
with the Administrator of the Environmental Protection
Agency, the Director of the United States Fish and Wildlife
Service, and the heads of other affected agencies, not later
than 2 years after the date of the enactment of this Act, shall
promulgate regulations for the assessment of natural resource
damages under section 1002(b)(2)(A) resulting from a discharge
of oil for the purpose of this Act.
(2) REBUTTABLE PRESUMPTION.—Any determination or assessment
of damages to natural resources for the purposes of
this Act made under subsection (d) by a Federal, State, or Indian
trustee in accordance with the regulations promulgated
under paragraph (1) shall have the force and effect of a rebuttable
presumption on behalf of the trustee in any administrative
or judicial proceeding under this Act.
Q:\COMP\WATER2\OPA90
December 29, 2000
249 OIL POLLUTION ACT OF 1990 Sec. 1007
(f) USE OF RECOVERED SUMS.—Sums recovered under this Act by
a Federal, State, Indian, or foreign trustee for natural resource
damages under section 1002(b)(2)(A) shall be retained by the trustee
in a revolving trust account, without further appropriation, for
use only to reimburse or pay costs incurred by the trustee under
subsection (c) with respect to the damaged natural resources. Any
amounts in excess of those required for these reimbursements and
costs shall be deposited in the Fund.
(g) COMPLIANCE.—Review of actions by any Federal official
where there is alleged to be a failure of that official to perform a
duty under this section that is not discretionary with that official
may be had by any person in the district court in which the person
resides or in which the alleged damage to natural resources occurred.
The court may award costs of litigation (including reasonable
attorney and expert witness fees) to any prevailing or substantially
prevailing party. Nothing in this subsection shall restrict any
right which any person may have to seek relief under any other
provision of law.
(33 U.S.C. 2706)
http://epw.senate.gov/opa90.pdfHmm! Wasn't BP grossly negligent?Oil Pollution Act of 1990?
With the enactment of OPA on August 18, 1990, Congress consolidated the existing federal oil spill laws under one program. The 1990 law expanded the existing liability provisions within the CWA and created new free-standing requirements regarding oil spill prevention and response.
Key OPA provisions are discussed below.
Spill Response Authority
When responding to a spill, many considered the lines of responsibility under the pre-OPA regime to be unclear,33 with too much reliance on spillers to perform proper cleanup.34 OPA strengthened and clarified the federal government’s role in oil spill response and cleanup. OPA Section 4201 amended Section 311(c) of the CWA to provide the President (delegated to the USCG or EPA) with three options: perform cleanup immediately (“federalize” the spill), monitor the response
efforts of the spiller, or direct the spiller’s cleanup activities. The revised response authorities addressed concerns “that precious time would be lost while waiting for the spiller to marshall its cleanup forces.”35
The federal government determines the level of cleanup required. Although the federal government must consult with designated trustees of natural resources and the governor of the state affected by the spill, the decision that cleanup is completed and can be ended rests with the federal government. States may require further work, but without the support of federal funding.36
31
http://www.capalphadc.com/wp-content/uploads/2010/05/2010-04-30-desc-RL33705.pdf