SECTIONS 13350-13351 - California Statutes

WATER CODE

SECTION 13350-13351

13350. (a) A person who (1) violates a cease and desist order or
cleanup and abatement order hereafter issued, reissued, or amended by
a regional board or the state board, or (2) in violation of a waste
discharge requirement, waiver condition, certification, or other
order or prohibition issued, reissued, or amended by a regional board
or the state board, discharges waste, or causes or permits waste to
be deposited where it is discharged, into the waters of the state, or
(3) causes or permits any oil or any residuary product of petroleum
to be deposited in or on any of the waters of the state, except in
accordance with waste discharge requirements or other actions or
provisions of this division, shall be liable civilly, and remedies
may be proposed, in accordance with subdivision (d) or (e).
(b) (1) A person who, without regard to intent or negligence,
causes or permits a hazardous substance to be discharged in or on any
of the waters of the state, except in accordance with waste
discharge requirements or other provisions of this division, shall be
strictly liable civilly in accordance with subdivision (d) or (e).
(2) For purposes of this subdivision, the term "discharge"
includes only those discharges for which Section 13260 directs that a
report of waste discharge shall be filed with the regional board.
(3) For purposes of this subdivision, the term "discharge" does
not include an emission excluded from the applicability of Section
311 of the Clean Water Act (33 U.S.C. Sec. 1321) pursuant to
Environmental Protection Agency regulations interpreting Section 311
(a)(2) of the Clean Water Act (33 U.S.C. Sec. 1321(a)(2)).
(c) A person shall not be liable under subdivision (b) if the
discharge is caused solely by any one or combination of the
following:
(1) An act of war.
(2) An unanticipated grave natural disaster or other natural
phenomenon of an exceptional, inevitable, and irresistible character,
the effects of which could not have been prevented or avoided by the
exercise of due care or foresight.
(3) Negligence on the part of the state, the United States, or any
department or agency thereof. However, this paragraph shall not be
interpreted to provide the state, the United States, or any
department or agency thereof a defense to liability for any discharge
caused by its own negligence.
(4) An intentional act of a third party, the effects of which
could not have been prevented or avoided by the exercise of due care
or foresight.
(5) Any other circumstance or event that causes the discharge
despite the exercise of every reasonable precaution to prevent or
mitigate the discharge.
(d) The court may impose civil liability either on a daily basis
or on a per gallon basis, but not on both.
(1) The civil liability on a daily basis shall not exceed fifteen
thousand dollars ($15,000) for each day the violation occurs.
(2) The civil liability on a per gallon basis shall not exceed
twenty dollars ($20) for each gallon of waste discharged.
(e) The state board or a regional board may impose civil liability
administratively pursuant to Article 2.5 (commencing with Section
13323) of Chapter 5 either on a daily basis or on a per gallon basis,
but not on both.
(1) The civil liability on a daily basis shall not exceed five
thousand dollars ($5,000) for each day the violation occurs.
(A) When there is a discharge, and a cleanup and abatement order
is issued, except as provided in subdivision (f), the civil liability
shall not be less than five hundred dollars ($500) for each day in
which the discharge occurs and for each day the cleanup and abatement
order is violated.
(B) When there is no discharge, but an order issued by the
regional board is violated, except as provided in subdivision (f),
the civil liability shall not be less than one hundred dollars ($100)
for each day in which the violation occurs.
(2) The civil liability on a per gallon basis shall not exceed ten
dollars ($10) for each gallon of waste discharged.
(f) A regional board shall not administratively impose civil
liability in accordance with paragraph (1) of subdivision (e) in an
amount less than the minimum amount specified, unless the regional
board makes express findings setting forth the reasons for its action
based upon the specific factors required to be considered pursuant
to Section 13327.
(g) The Attorney General, upon request of a regional board or the
state board, shall petition the superior court to impose, assess, and
recover the sums. Except in the case of a violation of a cease and
desist order, a regional board or the state board shall make the
request only after a hearing, with due notice of the hearing given to
all affected persons. In determining the amount to be imposed,
assessed, or recovered, the court shall be subject to Section 13351.
(h) Article 3 (commencing with Section 13330) and Article 6
(commencing with Section 13360) apply to proceedings to impose,
assess, and recover an amount pursuant to this article.
(i) A person who incurs any liability established under this
section shall be entitled to contribution for that liability from a
third party, in an action in the superior court and upon proof that
the discharge was caused in whole or in part by an act or omission of
the third party, to the extent that the discharge is caused by the
act or omission of the third party, in accordance with the principles
of comparative fault.
(j) Remedies under this section are in addition to, and do not
supersede or limit, any and all other remedies, civil or criminal,
except that no liability shall be recoverable under subdivision (b)
for any discharge for which liability is recovered under Section
13385.
(k) Notwithstanding any other law, all funds generated by the
imposition of liabilities pursuant to this section shall be deposited
into the Waste Discharge Permit Fund. These moneys shall be
separately accounted for, and shall be expended by the state board,
upon appropriation by the Legislature, to assist regional boards, and
other public agencies with authority to clean up waste or abate the
effects of the waste, in cleaning up or abating the effects of the
waste on waters of the state, or for the purposes authorized in
Section 13443, or to assist in implementing Chapter 7.3 (commencing
with Section 13560).

13351. In determining the amount of civil liability to be imposed
pursuant to this chapter, the superior court shall take into
consideration the nature, circumstance, extent, and gravity of the
violation or violations, whether the discharge is susceptible to
cleanup or abatement, the degree of toxicity of the discharge, and,
with respect to the violator, the ability to pay, the effect on
ability to continue in business, any voluntary cleanup efforts
undertaken, any prior history of violations, the degree of
culpability, economic benefit or savings, if any, resulting from the
violation, and such other matters as justice may require.