§ 46-12.5.1-6 Civil penalties fordischarge of oil. – (a) The legislature finds that:
(1) Oil is important as an energy source to the people of thestate; however, the discharge of oil in any quantity may have a substantialpermanent or negative impact on the public health and environment and theeconomy of this state in that it contaminates the land and water supplies andrenders land unfit for use and water unfit for use and consumption; degrades,damages, and destroys the abundant natural beauty of the state; and killsmarine and aquatic organisms at all stages of development;
(2) The citizens of this state should not have to bear theburdens of the cleanup and the losses of economic livelihood that result fromthe discharge of oil in any degree; and
(3) Substantial civil penalties should be imposed in order toprovide an incentive to insure the safe handling of oil and to prevent thedischarge of oil onto the land or into the waters of the state;
(b) The director shall promulgate rules and regulationspursuant to the Administrative Procedures Act, as set forth in chapter 35 oftitle 42, that establish administrative penalties for discharges of oil, whichpenalties shall not exceed the sum of twenty-five thousand dollars ($25,000)for each day during which the violation occurs. In determining theadministrative penalty for the discharge of oil, the director shall considerseveral factors, including, but not limited to:
(1) The type of environment that the discharge oil enters,such as, but not limited to, a stream or tributary thereto that is capable ofor has historically supported anadromous fish; a freshwater environment withsignificant or substantial aquatic resources; or an estuarine, intertidal, orsalt water environment;
(2) The amount of oil spilled;
(3) The type of oil spilled;
(4) The toxicity, degradability, and dispersalcharacteristics of the oil spilled; and
(5) Any mitigating action that the vessel master or thefacility owner or operator may have taken to stop or to control the dischargeof oil.
(c) The entire penalty specified in the regulations shall beimposed, except that a person who discharges oil into a receiving environmentmay demonstrate, by a preponderance of evidence, that mitigating circumstancesrelating to the effects of the discharge would make imposition of the fullpenalty inappropriate. If mitigating circumstances are proven by apreponderance of the evidence, the director may reduce or eliminate thepenalty, in accordance with the purposes of this section.
(d) A person otherwise liable for administrative penaltiesunder subsection (e) of this section shall not be liable if the persondemonstrates, by a preponderance of the evidence, that the discharge occurredsolely as a result of:
(1) An act of God;
(2) An act of a third person, unless the third person is aperson with whom the person charged is made jointly and severally liable underthis section;
(3) A negligent or intentional act of the United States; or
(4) An act of war.
(e) Nothing in this section shall preclude the director fromassessing additional penalties for the discharge of oil as set forth inchapters 12 of this title, 17.1 and 17.6 of title 42, and 19.1 of title 23.
(f) Nothing in this section shall preclude the state or anyprivate party from seeking damages and/or penalties in an action broughtpursuant to any other provision of the general laws or pursuant to common lawor to limit the damages which can be awarded in such an action.
§ 46-12.5.1-6 Civil penalties fordischarge of oil. – (a) The legislature finds that:
(1) Oil is important as an energy source to the people of thestate; however, the discharge of oil in any quantity may have a substantialpermanent or negative impact on the public health and environment and theeconomy of this state in that it contaminates the land and water supplies andrenders land unfit for use and water unfit for use and consumption; degrades,damages, and destroys the abundant natural beauty of the state; and killsmarine and aquatic organisms at all stages of development;
(2) The citizens of this state should not have to bear theburdens of the cleanup and the losses of economic livelihood that result fromthe discharge of oil in any degree; and
(3) Substantial civil penalties should be imposed in order toprovide an incentive to insure the safe handling of oil and to prevent thedischarge of oil onto the land or into the waters of the state;
(b) The director shall promulgate rules and regulationspursuant to the Administrative Procedures Act, as set forth in chapter 35 oftitle 42, that establish administrative penalties for discharges of oil, whichpenalties shall not exceed the sum of twenty-five thousand dollars ($25,000)for each day during which the violation occurs. In determining theadministrative penalty for the discharge of oil, the director shall considerseveral factors, including, but not limited to:
(1) The type of environment that the discharge oil enters,such as, but not limited to, a stream or tributary thereto that is capable ofor has historically supported anadromous fish; a freshwater environment withsignificant or substantial aquatic resources; or an estuarine, intertidal, orsalt water environment;
(2) The amount of oil spilled;
(3) The type of oil spilled;
(4) The toxicity, degradability, and dispersalcharacteristics of the oil spilled; and
(5) Any mitigating action that the vessel master or thefacility owner or operator may have taken to stop or to control the dischargeof oil.
(c) The entire penalty specified in the regulations shall beimposed, except that a person who discharges oil into a receiving environmentmay demonstrate, by a preponderance of evidence, that mitigating circumstancesrelating to the effects of the discharge would make imposition of the fullpenalty inappropriate. If mitigating circumstances are proven by apreponderance of the evidence, the director may reduce or eliminate thepenalty, in accordance with the purposes of this section.
(d) A person otherwise liable for administrative penaltiesunder subsection (e) of this section shall not be liable if the persondemonstrates, by a preponderance of the evidence, that the discharge occurredsolely as a result of:
(1) An act of God;
(2) An act of a third person, unless the third person is aperson with whom the person charged is made jointly and severally liable underthis section;
(3) A negligent or intentional act of the United States; or
(4) An act of war.
(e) Nothing in this section shall preclude the director fromassessing additional penalties for the discharge of oil as set forth inchapters 12 of this title, 17.1 and 17.6 of title 42, and 19.1 of title 23.
(f) Nothing in this section shall preclude the state or anyprivate party from seeking damages and/or penalties in an action broughtpursuant to any other provision of the general laws or pursuant to common lawor to limit the damages which can be awarded in such an action.
§ 46-12.5.1-6 Civil penalties fordischarge of oil. – (a) The legislature finds that:
(1) Oil is important as an energy source to the people of thestate; however, the discharge of oil in any quantity may have a substantialpermanent or negative impact on the public health and environment and theeconomy of this state in that it contaminates the land and water supplies andrenders land unfit for use and water unfit for use and consumption; degrades,damages, and destroys the abundant natural beauty of the state; and killsmarine and aquatic organisms at all stages of development;
(2) The citizens of this state should not have to bear theburdens of the cleanup and the losses of economic livelihood that result fromthe discharge of oil in any degree; and
(3) Substantial civil penalties should be imposed in order toprovide an incentive to insure the safe handling of oil and to prevent thedischarge of oil onto the land or into the waters of the state;
(b) The director shall promulgate rules and regulationspursuant to the Administrative Procedures Act, as set forth in chapter 35 oftitle 42, that establish administrative penalties for discharges of oil, whichpenalties shall not exceed the sum of twenty-five thousand dollars ($25,000)for each day during which the violation occurs. In determining theadministrative penalty for the discharge of oil, the director shall considerseveral factors, including, but not limited to:
(1) The type of environment that the discharge oil enters,such as, but not limited to, a stream or tributary thereto that is capable ofor has historically supported anadromous fish; a freshwater environment withsignificant or substantial aquatic resources; or an estuarine, intertidal, orsalt water environment;
(2) The amount of oil spilled;
(3) The type of oil spilled;
(4) The toxicity, degradability, and dispersalcharacteristics of the oil spilled; and
(5) Any mitigating action that the vessel master or thefacility owner or operator may have taken to stop or to control the dischargeof oil.
(c) The entire penalty specified in the regulations shall beimposed, except that a person who discharges oil into a receiving environmentmay demonstrate, by a preponderance of evidence, that mitigating circumstancesrelating to the effects of the discharge would make imposition of the fullpenalty inappropriate. If mitigating circumstances are proven by apreponderance of the evidence, the director may reduce or eliminate thepenalty, in accordance with the purposes of this section.
(d) A person otherwise liable for administrative penaltiesunder subsection (e) of this section shall not be liable if the persondemonstrates, by a preponderance of the evidence, that the discharge occurredsolely as a result of:
(1) An act of God;
(2) An act of a third person, unless the third person is aperson with whom the person charged is made jointly and severally liable underthis section;
(3) A negligent or intentional act of the United States; or
(4) An act of war.
(e) Nothing in this section shall preclude the director fromassessing additional penalties for the discharge of oil as set forth inchapters 12 of this title, 17.1 and 17.6 of title 42, and 19.1 of title 23.
(f) Nothing in this section shall preclude the state or anyprivate party from seeking damages and/or penalties in an action broughtpursuant to any other provision of the general laws or pursuant to common lawor to limit the damages which can be awarded in such an action.
