Title 40

SECTION 113.4

113.4 Size classes and associated liability limits for fixed onshore oil storage facilities, 1,000 barrels or less capacity.

§ 113.4 Size classes and associated liability limits for fixed onshore oil storage facilities, 1,000 barrels or less capacity.

Unless the United States can show that oil was discharged as a result of willful negligence or willful misconduct within the privity and knowledge of the owner or operator, the following limits of liability are established for fixed onshore facilities in the classes specified:

(a) Aboveground storage.

Size class Capacity (barrels) Limit (dollars)
I Up to 10 4,000
II 11 to 170 60,000
III 171 to 500 150,000
IV 501 to 1,000 200,000

(b) Belowground storage.

Size class Capacity (barrels) Limit (dollars)
I Up to 10 5,200
II 11 to 170 78,000
III 171 to 500 195,000
IV 501 to 1,000 260,000