It shall be unlawful, except as otherwise provided in this article, for any person to discharge or cause to be discharged, pollutants into or upon any waters, tidal flats, beaches or lands within this State or into any sewer, surface water drain or other waters that drain into the waters of this State, regardless of the fault of the person having control over the pollutants or regardless of whether the discharge was the result of intentional or negligent conduct, accident or other cause.
This section shall not apply to discharges of pollutants in the following circumstances:
(1) When the discharge was authorized by an existing regulation of the Department.
(2) When any person subject to liability under this article proves that a discharge was caused by any of the following:
(a) An act of God.
(b) An Act of war or sabotage.
(c) Negligence on the part of the United States government or the State or its political subdivisions.
(d) An act or omission of a third party, whether any such act or omission was or was not negligent; provided, however, nothing herein shall be construed as limiting the liability of such third party.
(e) Any act or omission by or at the direction of a law enforcement officer or fireman.
Any person who desires or proposes to discharge oil into the land or into the waters of the State shall first make application for and secure a permit from the Department. Application shall be made under such terms and conditions adopted by the Department. Any permit granted pursuant to this section may contain such terms and conditions as the Department shall deem necessary and appropriate to conserve and protect the land or waters of this State and the public interest therein.
HISTORY: 1977 Act No. 179, Part 2, Section 29; 1993 Act No. 181, Section 1236.
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