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
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