(2) Subsection (1) of this section does not apply:
(a) To a responsible party;
(b) With respect to personal injury or wrongful death; or
(c) If the person is grossly negligent or engages in willful misconduct.
(3) A responsible party is liable for any removal costs or damages for which a person is relieved of under subsection (1) this section.
(4) Nothing in this section affects the liability of a responsible party for oil spill response under ORS 468B.300 to 468B.500. [1991 c.606 §3]