Role of the Responsible Party

One of the unique characteristics of the NCP is the role of the RP. The RP is responsible for cleaning up the spill, paying for the response, paying for certain damages as a result of the spill, and environmental restoration following the response (for example, NRDA). If the RP cannot be identified or is not capable of conducting an adequate response, a federal response may be needed. Commonly, the RP works cooperatively with the Federal On-Scene Coordinator as a response partner – providing an integrated joint response effort. During the Deepwater Horizon Spill in 2010, BP played a prominent role in the response effort and claims payment. It is important to note that although the RP is responsible for the clean up, it is still the Federal On-Scene Coordinator that directs and oversees the response. RP is commonly part of the Unified Command structure.

The “responsible party” is identified as the person owning or operating the vessel, facility, or pipeline which caused the incident.

Note The Stafford Act also identifies liability of the RP. Sec. 317. Recovery of Assistance (42 U.S.C. 5160) (a) Party Liable - Any person who intentionally causes a condition for which Federal assistance is provided under this Act or under any other Federal law as a result of a declaration of a major disaster or emergency under this Act shall be liable to the United States for the reasonable costs incurred by the United States in responding to such disaster or emergency to the extent that such costs are attributable to the intentional act or omission of such person which caused such condition. Such action for reasonable costs shall be brought in an appropriate United States district court.