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1994 SESSION

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HB 973 Liability for discharges to state waters, lands and storm drains.

Introduced by: William S. Moore, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY:

Liability for discharges to state waters, lands and storm drains. Establishes liability provisions, similar to those applicable to the unpermitted discharge or threat of discharge of oil, for the unpermitted discharge or threat of discharge of sewage, industrial wastes, other wastes or any noxious or deleterious substances or otherwise altering the physical, chemical or biological properties of the waters or lands of the state. Liability by the responsible party is to the Commonwealth and its political subdivisions for the costs of investigation, containment and cleanup, damage to property, loss of tax revenues, replacing natural resources and the value of natural resources that cannot be replaced. In addition, the responsible party is liable to any person for loss of income and for damage to property caused by the discharge.

The Commonwealth, a political subdivision or a person need not show negligence. However, this provision does not apply to situations caused by acts of God, war or willfulness of a third party unless the responsible party fails to report the discharge as required by the act or fails or refuses to cooperate in the containment and cleanup.


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