West Virginia Code § 22-22A-3

Exemption from liability
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(a) Notwithstanding any other provision of this code to the contrary, a person engaged in
removal activities is not liable for removal costs or damages which result from acts or
omissions in the course of rendering care, assistance or advice consistent with the national
contingency plan or as otherwise directed by the federal on-scene coordinator or by the state
official charged with responsibility for oil discharge responses. e
(b) Subsection (a) of this section does not apply:
(1) To a responsible party; u
(2) With respect to personal injury or wrongful death; or
(3) If the person is grossly negligent or engages in willaful misconduct.
(c) A responsible party is liable for any removal costs and damages that another person is
relieved of under the provisions of subsection (a) of this section.
(d) Nothing in this section affects the liability of a responsible party for oil spill response
under state law.

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