California SB-918

I’m not a lawyer, but think there’s probably a policy guru out there that can tell us if this is better or worse than before?

 

More or less, intentional discharges are fined civilly, with these exceptions:

 

“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.”

 

http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0901-0950/sb_918_bill_20100831_enrolled.pdf