Definitions

For the purposes of this chapter, the terms:

(a)Damages means damages of any kind for which liability may arise under the laws of Guam or the common law resulting from, arising out of, or related to the discharge or threatened discharge of oil;

(b)Discharge means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or dumping;

(c)Federal On-Scene Coordinator means the Federal official predesignated by the U.S. Environmental Protection Agency or the U.S. Coast Guard to coordinate and direct removal under Subpart E of the National Contingency Plan;

(d)National Contingency Plan means the National Contingency Plan prepared and published under section 311(d) of the Federal Water Pollution Control Act (33 U.S.C. 1321(d)), as amended by the Oil Pollution Act of 1990 (33 U.S.C. 2701);

(e)Oil means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes other than dredged spoil; COL10312014 CH. 54A GUAM OIL SPILL RESPONDER ACT

(f)Oil Spill Response Organization means an organization of private persons which is established for the primary purpose and activity of preventing or rendering care, assistance, equipment or advice in response to a discharge or threatened discharge of oil;

(g)Person means an individual, corporation, partnership, association, Federal agency, state, territory, municipality, commission, or political subdivision of a state or territory;

(h)Removal costs means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident;

(i)Responsible party means the following:

(1)Vessels. In the case of a vessel, any person owning, operating, or demise chartering the vessel.

(2)Onshore facilities. In the case of an onshore facility (other than a pipeline), any person owning or operating the facility, except a Federal agency, a state, territory, municipality, commission, or political subdivision of a state or territory, or any interstate body, that as the owner transfers possession and right to use the property to another person by lease, assignment, or permit.

(3)Offshore facilities. In the case of an offshore facility (other than a pipeline or a deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.)), the lessee or permittee of the area in which the facility is located or the holder of a right of use and easement granted under applicable state or territorial law or the Outer Continental Shelf Lands Act (43 U.S.C. 1301-1356) for the area in which the facility is located (if the holder is a different person than the lessee or permittee), except a Federal agency, state, territory, municipality, commission, or political subdivision of a state or territory, or any interstate body, that as owner transfers possession and right to use the property to another person by lease, assignment, or permit.

(4)Deepwater ports. In the case of a deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501-1524), the licensee. COL10312014 CH. 54A GUAM OIL SPILL RESPONDER ACT

(5)Pipelines. In the case of a pipeline, any person owning or operating the pipeline.

(6)Abandonment. In the case of an abandoned vessel, onshore facility, deepwater port, pipeline, or offshore facility, the persons who would have been responsible parties immediately prior to the abandonment of the vessel or facility.