Title 12, Chapter 5, Section 51
( 12-5-51)
(a) Any person who intentionally or negligently causes or permits
any sewage, industrial wastes, or other wastes, oil, scum, floating
debris, or other substance or substances to be spilled, discharged,
or deposited in the waters of the state, resulting in a condition of
pollution as defined by this article, shall be liable in damages to
the state and any political subdivision thereof for any and all
costs, expenses, and injuries occasioned by such spills, discharges,
or deposits. The amount of the damages assessed pursuant to this
Code section shall include, but shall not be limited to, any costs
and expenses reasonably incurred by the state or any political
subdivision thereof, as the case may be, in cleaning up and abating
such spills, discharges, or deposits, and any costs and expenses
reasonably incurred in replacing aquatic life destroyed by such
spills, discharges, or deposits. Damages to the state shall be
recoverable in a civil action instituted in the name of the
Environmental Protection Division of the Department of Natural
Resources and shall be paid into the state treasury to the credit of
the general fund. Damages to a political subdivision shall be
recoverable in a civil action instituted by such subdivision. (b) Any person who intentionally, negligently, or accidentally
causes or permits any toxic, corrosive, acidic, caustic, or
bacterial substance or substances to be spilled, discharged, or
deposited in the waters of the state, except by providential cause,
in amounts, concentrations, or combinations which are harmful to the
public health, safety, or welfare, or to animals, birds, or aquatic
life, shall be strictly liable in damages to the state and any
political subdivision thereof for any and all costs, expenses, and
injuries occasioned by such spills, discharges, or deposits. Damages
to the state shall be recoverable in a civil action instituted in
the name of the Environmental Protection Division of the Department
of Natural Resources and shall be paid into the state treasury to
the credit of the general fund. Damages to a political subdivision
shall be recoverable in a civil action instituted by such
subdivision. |