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1996 SESSION

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HB 1144 Liability for discharges into state waters.

Introduced by: Robert Tata | all patrons    ...    notes | add to my profiles

SUMMARY:

Liability for discharges. Requires that the State Water Control Board not issue a notice for a violation of a discharge certificate or seek civil penalties against a locality or its agent unless it is unable to identify the person proximately causing the violation or it has determined that the locality or its agent is the proximate cause of the violation. The bill allows a locality that holds a certificate to initiate a civil action against the person causing or contributing to the violation to recover that portion of any civil penalty imposed against the locality. The locality or its agent may also recover from the violator the reasonable costs of investigation, cleanup, litigation and attorney's fees.


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