2007 California Water Code Article 5. Civil Monetary Remedies

CA Codes (wat:13350-13351)

13350.  (a) Any person who (1) violates any 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 any
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) Any person who, without regard to intent or negligence,
causes or permits any 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 any 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) There shall be no liability 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; provided, that 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 which 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 both.
   (1) The civil liability on a daily basis may not exceed fifteen
thousand dollars (,000) for each day the violation occurs.
   (2) The civil liability on a per gallon basis may not exceed
twenty dollars () 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 both.
   (1) The civil liability on a daily basis may not exceed five
thousand dollars (,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 (0) 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 (0)
for each day in which the violation occurs.
   (2) The civil liability on a per gallon basis may not exceed ten
dollars () for each gallon of waste discharged.
   (f) A regional board may 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 such sums.  Except in the case of a violation of a cease and
desist order, a regional board or the state board shall make such
request only after a hearing, with due notice of the hearing given to
all affected persons.  In determining that amount, 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) Any person who incurs any liability established under this
section shall be entitled to contribution for that liability from any
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 provision of 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.


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.