WATER CODE
SECTION 13350-13351
13350.  (a) A person who (1) violates a cease and desist order orcleanup and abatement order hereafter issued, reissued, or amended bya regional board or the state board, or (2) in violation of a wastedischarge requirement, waiver condition, certification, or otherorder or prohibition issued, reissued, or amended by a regional boardor the state board, discharges waste, or causes or permits waste tobe deposited where it is discharged, into the waters of the state, or(3) causes or permits any oil or any residuary product of petroleumto be deposited in or on any of the waters of the state, except inaccordance with waste discharge requirements or other actions orprovisions of this division, shall be liable civilly, and remediesmay 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 anyof the waters of the state, except in accordance with wastedischarge requirements or other provisions of this division, shall bestrictly 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 areport of waste discharge shall be filed with the regional board. (3) For purposes of this subdivision, the term "discharge" doesnot include an emission excluded from the applicability of Section311 of the Clean Water Act (33 U.S.C. Sec. 1321) pursuant toEnvironmental 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 thedischarge is caused solely by any one or combination of thefollowing: (1) An act of war. (2) An unanticipated grave natural disaster or other naturalphenomenon of an exceptional, inevitable, and irresistible character,the effects of which could not have been prevented or avoided by theexercise of due care or foresight. (3) Negligence on the part of the state, the United States, or anydepartment or agency thereof. However, this paragraph shall not beinterpreted to provide the state, the United States, or anydepartment or agency thereof a defense to liability for any dischargecaused by its own negligence. (4) An intentional act of a third party, the effects of whichcould not have been prevented or avoided by the exercise of due careor foresight. (5) Any other circumstance or event that causes the dischargedespite the exercise of every reasonable precaution to prevent ormitigate the discharge. (d) The court may impose civil liability either on a daily basisor on a per gallon basis, but not on both. (1) The civil liability on a daily basis shall not exceed fifteenthousand dollars ($15,000) for each day the violation occurs. (2) The civil liability on a per gallon basis shall not exceedtwenty dollars ($20) for each gallon of waste discharged. (e) The state board or a regional board may impose civil liabilityadministratively pursuant to Article 2.5 (commencing with Section13323) 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 fivethousand dollars ($5,000) for each day the violation occurs. (A) When there is a discharge, and a cleanup and abatement orderis issued, except as provided in subdivision (f), the civil liabilityshall not be less than five hundred dollars ($500) for each day inwhich the discharge occurs and for each day the cleanup and abatementorder is violated. (B) When there is no discharge, but an order issued by theregional 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 tendollars ($10) for each gallon of waste discharged. (f) A regional board shall not administratively impose civilliability in accordance with paragraph (1) of subdivision (e) in anamount less than the minimum amount specified, unless the regionalboard makes express findings setting forth the reasons for its actionbased upon the specific factors required to be considered pursuantto Section 13327. (g) The Attorney General, upon request of a regional board or thestate board, shall petition the superior court to impose, assess, andrecover the sums. Except in the case of a violation of a cease anddesist order, a regional board or the state board shall make therequest only after a hearing, with due notice of the hearing given toall 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 thissection shall be entitled to contribution for that liability from athird party, in an action in the superior court and upon proof thatthe discharge was caused in whole or in part by an act or omission ofthe third party, to the extent that the discharge is caused by theact or omission of the third party, in accordance with the principlesof comparative fault. (j) Remedies under this section are in addition to, and do notsupersede 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 Section13385. (k) Notwithstanding any other law, all funds generated by theimposition of liabilities pursuant to this section shall be depositedinto the Waste Discharge Permit Fund. These moneys shall beseparately accounted for, and shall be expended by the state board,upon appropriation by the Legislature, to assist regional boards, andother public agencies with authority to clean up waste or abate theeffects of the waste, in cleaning up or abating the effects of thewaste on waters of the state, or for the purposes authorized inSection 13443, or to assist in implementing Chapter 7.3 (commencingwith Section 13560).13351.  In determining the amount of civil liability to be imposedpursuant to this chapter, the superior court shall take intoconsideration the nature, circumstance, extent, and gravity of theviolation or violations, whether the discharge is susceptible tocleanup or abatement, the degree of toxicity of the discharge, and,with respect to the violator, the ability to pay, the effect onability to continue in business, any voluntary cleanup effortsundertaken, any prior history of violations, the degree ofculpability, economic benefit or savings, if any, resulting from theviolation, and such other matters as justice may require.