LD 271
pg. 2
Page 1 of 2 PUBLIC Law Chapter 100 LD 271 Title Page
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LR 1621
Item 1

 
In any suit to enforce claims of the State, a county or a
municipality under this section, it is not necessary for the State,
county or a municipality to plead or prove negligence in any form
or manner on the part of the person causing, permitting or
responsible for the discharge. The State, county or municipality
need only plead and prove the fact of the prohibited discharge and
that the discharge occurred while the hazardous matter was in the
custody or control of the person causing, permitting or responsible
for the discharge.

 
At the request of one or more municipalities, a county may bring
legal action for recovery under this section on behalf of the
municipality or municipalities.__If the county is successful in the
action, the county is entitled to recover the cost of the action and
reasonable attorney's fees.


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