Civil Liability

  1. Law
  2. Georgia Code
  3. Conservation and Natural Resources
  4. Water Resources
  5. Control of Water Pollution and Surface-Water Use
  6. Civil Liability

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  1. 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.
  2. 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.

(Ga. L. 1971, p. 190, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 61B Am. Jur. 2d, Pollution Control, §§ 3, 4, 5.

61C Am. Jur. 2d, Pollution Control, § 1902.

8C Am. Jur. Pleading and Practice Forms, Drains and Drainage Districts, § 49.

ALR.

- Measure and elements of damages for pollution of a stream, 49 A.L.R.2d 253.

Validity of state statutory provision permitting administrative agency to impose monetary penalties for violation of environmental pollution statute, 81 A.L.R.3d 1258.

Liability insurance coverage for violations of antipollution laws, 88 A.L.R.3d 182; 87 A.L.R.4th 444.


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