§ 46-12.5.1-7. Damages. (a) In addition to penalties established in this chapter, any person who violates or causes or permits to be violated a provision of this chapter or rule, regulation, or order pursuant thereto, shall be strictly liable to the state for these costs and expenses:
(1) Compensation for any adverse environmental effects caused by the violation, which the court shall determine according to the toxicity, degradability, and dispersal characteristics of the substance discharged, the nature and sensitivity of the receiving environment, and the degree to which the discharge degrades existing environmental quality;
(2) Costs that the state has incurred in detection, investigation, and correction of the violation;
(3) The economic advantage that the person realized in not complying with the requirements and provisions of this chapter.
(b) Liability for damages under subsection (a) of this section includes an amount equal to the sum of money required to restock injured land or waters, to replenish a damaged or degraded resource, or to otherwise restore the environment of the state to its condition before the injury.
(c) Nothing in this section shall preclude the state or any private party from seeking additional damages and/or penalties in a civil action brought pursuant to any other provision of the general laws or pursuant to common law, or to limit the damages which can be awarded in such an action.
History of Section. (P.L. 1997, ch. 32, § 2.)
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