403.141 Civil liability; joint and
several liability. ---
(1) Whoever commits a violation specified in s. 403.161(1) is
liable to the state for any damage caused to the air, waters, or property,
including animal, plant, or aquatic life, of the state and for reasonable
costs and expenses of the state in tracing the source of the discharge, in
controlling and abating the source and the pollutants, and in restoring the
air, waters, and property, including animal, plant, and aquatic life, of the
state to their former condition, and furthermore is subject to the judicial
imposition of a civil penalty for each offense in an amount of not more than
$10,000 per offense. However, the court may receive evidence in mitigation.
Each day during any portion of which such violation occurs constitutes a
separate offense. Nothing herein shall give the department the right to bring
an action on behalf of any private person.
(2) Whenever two or more persons pollute the air or waters of
the state in violation of this chapter or any rule, regulation, or order of
the department so that the damage is indivisible, each violator shall be
jointly and severally liable for such damage and for the reasonable cost and
expenses of the state incurred in tracing the source of discharge, in
controlling and abating the source and the pollutants, and in restoring the
air, waters, and property, including the animal, plant, and aquatic life of
the state, to their former condition. However, if said damage is divisible
and may be attributed to a particular violator or violators, each violator is
liable only for that damage attributable to his violation.
(3) In assessing damages for fish killed, the value of the fish
is to be determined in accordance with a table of values for individual
categories of fish which shall be promulgated by the department. At the time
the table is adopted, the department shall utilize tables of values
established by the Department of Environmental Protection and the Game and
Fresh Water Fish Commission. The total number of fish killed may be estimated
by standard practices used in estimating fish population.
(4) The damage provisions of this section shall not apply to
damage resulting from the application of federally approved or state-approved
chemicals to the waters in the state for the control of insects, aquatic
weeds, or algae, provided the application of such chemicals is done in
accordance with a program approved pursuant to s. 403.088(1) and provided
said application is not done negligently.
History: s. 15, ch. 67-436; ss. 26, 35, ch. 69-106; s. 1, ch. 70-141; s. 1, ch.
71-204; s. 3, ch. 72-286; s. 7, ch. 74-133; s. 1, ch. 76-112; s. 3, ch.
78-98; s. 370, ch. 94-356.
