SECTIONS 151-153 - California Statutes

HARBORS AND NAVIGATION CODE

SECTION 151-153

151. Except where permitted pursuant to the provisions of Chapter 4
(commencing with Section 13200) of Division 7 of the Water Code, any
person that intentionally or negligently causes or permits any oil
to be deposited in the water of this state, including but not limited
to navigable waters, shall be liable civilly in an amount not
exceeding six thousand dollars ($6,000) and, in addition, shall be
liable to any governmental agency charged with the responsibility for
cleaning up or abating any such oil for all actual damages, in
addition to the reasonable costs actually incurred in abating or
cleaning up the oil deposit in such waters. The amount of the civil
penalty which is assessed pursuant to this section shall be based
upon the amount of discharge and the likelihood of permanent injury
and shall be recoverable in a civil action by, and paid to, such
governmental agency. If more than one such agency has responsibility
for the waters in question, the agency which conducts the cleaning or
abating activities shall be the agency authorized to proceed under
this section.

153. Any recovery or settlement of money damages, including, but
not limited to, civil penalties, arising out of any civil action
filed and maintained by the Attorney General in the enforcement of
this chapter shall be deposited in the Fish and Wildlife Pollution
Cleanup and Abatement Account in the Fish and Game Preservation Fund
established pursuant to Section 12017 of the Fish and Game Code.