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Limits of Liability


The Oil Pollution Act (OPA) establishes certain dollar amounts above which a responsible party is not liable for paying for the costs of an oil spill. These limits are based the type and tonnage of a vessel, and certain types of vessels must have a Certificate of Financial Responsibility (COFR) for these limits before they can enter U.S. waters.

If an RP pays or incurs removal costs or damages in excess of an applicable liability limit, the RP may present a claim to the NPFC for compensation of the excess amount.

The limits of liability for oil removal costs and damages that result from discharges or substantial threats of discharge of oil from vessels, under OPA 90 (33 U.S.C.§ 2704), were amended by the Consumer Price Index Adjustments of Oil Pollution Act of 1990 Limits of Liability—Vessels and Deepwater Ports

The table below summarizes the new amended limits.

Vessel Type Liability Limit

(1) For an oil cargo tank vessel greater than 3,000 gross tons with a single hull, including a single-hull tank vessel fitted with double sides only or a double bottom only.

The greater of $3,200 per gross ton or $23,496,000.

(2) For a tank vessel greater than 3,000 gross tons, other than a vessel referred to in (1).

The greater of $2,000 per gross ton or $17,088,000.

(3) For an oil cargo tank vessel less than or equal to 3,000 gross tons with a single hull, including a single-hull tank vessel fitted with double sides only or a double bottom only.

The greater of $3,200 per gross ton or $6,408,000.

(4) For a tank vessel less than or equal to 3,000 gross tons, other than a vessel referred to in (3).

The greater of $2,000 per gross ton or $4,272,000.

(5) For any other vessel

The greater of $1,000 per gross ton or $854,400.

For a Deepwater Port, other than a Deepwater Port with a limit of liability established by regulation under 33 U.S.C. 2704(d)(2).

$373,800,000

For the Louisiana Offshore Oil Port (LOOP)

$87,606,000

 

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Last Modified 10/22/2013