§ 23-19.1-22 - Liability for unauthorized transportation, storage, or disposal.
SECTION 23-19.1-22
§ 23-19.1-22 Liability for unauthorizedtransportation, storage, or disposal. – (a) Any person who shall violate the provisions of this chapter through thetransportation, storage, or disposal of hazardous wastes in a manner orlocation not authorized by this chapter or the rules and regulationspromulgated pursuant to this chapter, or who shall have caused the unauthorizedtransportation, storage, or disposal of hazardous wastes shall be absolutelyliable for the cost of containment, cleanup, restoration, and removal of thehazardous wastes, and for all damages, losses, or injuries, includingenvironmental, which result directly or indirectly from the discharge.
(b) Proceedings brought pursuant to this section shall beinstituted by filing a complaint in the superior court.
(c) The state, by and through the department of environmentalmanagement, is the trustee of the air, water, fish, and wildlife of the state.An action brought pursuant to the provisions of this chapter with respect toenvironmental damage may be brought by the attorney general or the director ofthe department of environmental management in the name of the state as trusteefor those natural resources.
(d) The court may award treble the amount of the costs,damages, losses, or injuries whenever it finds that a person has stored,disposed, or transported hazardous wastes in violation of this chapter or therules and regulations promulgated pursuant to this chapter in a willful andknowing manner.