§ 46-12.5.1-7 - Damages. - Rhode Island Statutes

SECTION 46-12.5.1-7

   § 46-12.5.1-7  Damages. – (a) In addition to penalties established in this chapter, any person whoviolates or causes or permits to be violated a provision of this chapter orrule, regulation, or order pursuant thereto, shall be strictly liable to thestate for these costs and expenses:

   (1) Compensation for any adverse environmental effects causedby the violation, which the court shall determine according to the toxicity,degradability, and dispersal characteristics of the substance discharged, thenature and sensitivity of the receiving environment, and the degree to whichthe 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 notcomplying with the requirements and provisions of this chapter.

   (b) Liability for damages under subsection (a) of thissection includes an amount equal to the sum of money required to restockinjured land or waters, to replenish a damaged or degraded resource, or tootherwise restore the environment of the state to its condition before theinjury.

   (c) Nothing in this section shall preclude the state or anyprivate party from seeking additional damages and/or penalties in a civilaction brought pursuant to any other provision of the general laws or pursuantto common law, or to limit the damages which can be awarded in such an action.