Engineering Ethics

1989: Exxon Valdez Oil Spill 85

party or parties for purposes of determining liability

under this subchapter.

(B) Subrogation of responsible party

If the responsible party alleges that the discharge or

threat of a discharge was caused solely by an act or

omission of a third party, the responsible party—

(i) in accordance with section 2713 of this title, shall

pay removal costs and damages to any claimant;

and

(ii) shall be entitled by subrogation to all rights of the

United States Government and the claimant to

recover removal costs or damages from the third

party or the Fund paid under this subsection.

(2) Limitation applied

(A) Owner or operator of vessel or facility

If the act or omission of a third party that causes an

incident occurs in connection with a vessel or facility

owned or operated by the third party, the liability of the

third party shall be subject to the limits provided in

section 2704 of this title as applied with respect to the

vessel or facility.

(B) Other cases

In any other case, the liability of a third party or parties

shall not exceed the limitation which would have been

applicable to the responsible party of the vessel or facility

from which the discharge actually occurred if the

responsible party were liable. (USC, 2005)

AN ENGINEERING PERSPECTIVE

The original radar equipment at the Coast Guard vessel traffic control

center in Valdez enabled simultaneous 24-hour surveillance of both Bligh

Reef and Valdez Narrows. However, in 1984 this equipment, which was

manufactured by AIL/Eaton, was replaced by Raytheon radar. Civilian

radar technician Pat Levy maintained the Coast Guard’s Valdez radar

equipment. He learned that the agency was planning this replacement in

an effort to save money, and disagreed with the decision because he did

not consider the new equipment to be as potent or reliable. His disagree-

ment led to writing his congressman, Don Young, on February 29, 1984

that “I still can’t help feeling that this is...bringing an oil tanker disaster

in the Sound closer to a reality.”

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