§ 2708. — Recovery by responsible party.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2708]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2708. Recovery by responsible party
(a) In general
The responsible party for a vessel or facility from which oil is
discharged, or which poses the substantial threat of a discharge of oil,
may assert a claim for removal costs and damages under section 2713 of
this title only if the responsible party demonstrates that--
(1) the responsible party is entitled to a defense to liability
under section 2703 of this title; or
(2) the responsible party is entitled to a limitation of
liability under section 2704 of this title.
(b) Extent of recovery
A responsible party who is entitled to a limitation of liability may
assert a claim under section 2713 of this title only to the extent that
the sum of the removal costs and damages incurred by the responsible
party plus the amounts paid by the responsible party, or by the
guarantor on behalf of the responsible party, for claims asserted under
section 2713 of this title exceeds the amount to which the total of the
liability under section 2702 of this title and removal costs and damages
incurred by, or on behalf of, the responsible party is limited under
section 2704 of this title.
(Pub. L. 101-380, title I, Sec. 1008, Aug. 18, 1990, 104 Stat. 497.)
Section Referred to in Other Sections
This section is referred to in section 2713 of this title.
