PART 113—LIABILITY LIMITS FOR SMALL ONSHORE STORAGE FACILITIES Authority: Sec. 311(f)(2), 86 Stat. 867 (33 U.S.C. 1251 (1972)). Source: 38 FR 25440, Sept. 13, 1973, unless otherwise noted. Subpart A—Oil Storage Facilities § 113.1 Purpose. This subpart establishes size classifications and associated liability limits for small onshore oil storage facilities with fixed capacity of 1,000 barrels or less. § 113.2 Applicability. This subpart applies to all onshore oil storage facilities with fixed capacity of 1,000 barrels or less. When a discharge to the waters of the United States occurs from such facilities and when removal of said discharge is performed by the United States Government pursuant to the provisions of subsection 311(c)(1) of the Act, the liability of the owner or operator and the facility will be limited to the amounts specified in § 113.4. § 113.3 Definitions. As used in this subpart, the following terms shall have the meanings indicated below: (a) Aboveground (b) Act et seq. (c) Barrel (d) Belowground (e) Discharge (f) Onshore Oil Storage Facility (g) On-Scene Coordinator (h) Oil (i) Remove removal Additionally, the terms not otherwise defined herein shall have the meanings assigned them by section 311(a) of the Act. § 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 § 113.5 Exclusions. This subpart does not apply to: (a) Those facilities whose average daily oil throughout is more than their fixed oil storage capacity. (b) Vehicles and rolling stock. § 113.6 Effect on other laws. Nothing herein shall be construed to limit the liability of any facility under State or local law or under any Federal law other than section 311 of the Act, nor shall the liability of any facility for any charges or damages under State or local law reduce its liability to the Federal Government under section 311 of the Act, as limited by this subpart.