New Jersey § 58:10-23

§ 58:10-23.

a. Notwithstanding the provisions of section 8 of P.L.1976, c. 141 ( C.58:10-23.11g ) or any other law, including common law, to the contrary, a person is not liable

for any cleanup and removal costs or damages of any kind, direct or indirect no matter

by whom sustained, which result from actions taken or not taken in the course of rendering

care, assistance, or advice with respect to the discharge or threatened discharge

of petroleum into the State's surface waters where the care, assistance, or advice

is consistent with or pursuant to any of the following: (1) the federal National Contingency Plan prepared pursuant to 33 U.S.C. s.1321 ; (2) a State contingency plan; (3) a State or federal vessel-specific contingency plan; (4) the direction of a federal on-scene coordinator or an appropriate State official ; or (5) the emergency request of a person who is attempting to prevent the threatened

discharge of petroleum from a vessel or who is otherwise liable for cleanup and removal

costs of the initial discharge from the vessel pursuant to subsection c. of section

8 of P.L.1976, c. 141 ( C.58:10-23.11g ), provided that a person rendering care, assistance, or advice shall provide notification

of the threatened discharge or emergency, to the extent actually known to such person,

to the United States Coast Guard or an appropriate federal or State official, as soon

as practicable (although not of necessity before rendering care, assistance or advice)

in the event such person is attempting to unload petroleum from a vessel to prevent

or mitigate a discharge, or to tow, push, maneuver or otherwise physically move a

vessel transporting petroleum to end the emergency . b. The defense from liability granted pursuant to subsection a. of this section shall not apply (1) to a person otherwise liable for cleanup and removal

costs of the initial discharge pursuant to subsection c. of section 8 of P.L.1976,

c. 141 ( C.58:10-23.11g ), (2) with respect to personal injury or wrongful death, or (3) if the person is

grossly negligent or engages in willful misconduct. c. A person liable for the initial discharge or threat of discharge pursuant to subsection

c. of section 8 of P.L.1976, c. 141 ( C.58:10-23.11g ) is liable for any cleanup and removal costs and damages that another person is relieved

of under this section. d. Nothing in this section shall limit other defenses or immunities to liability that

may exist in P.L.1976, c. 141. e. For the purposes of this section “petroleum” does not include dredged spoil.