California Legislature—2015–16 Regular Session

Assembly BillNo. 1842


Introduced by Assembly Member Levine

February 9, 2016


An act to amend Section 5650.1 of the Fish and Game Code, relating to water pollution.

LEGISLATIVE COUNSEL’S DIGEST

AB 1842, as introduced, Levine. Water: pollution: fines.

Existing law imposes a maximum civil penalty of $25,000 on a person who discharges various pollutants or other designated materials into the waters of the state.

This bill would impose an additional civil penalty of not more than $10 for each gallon or pound of polluting material discharged. The bill would require that the civil penalty be reduced for every gallon or pound of the illegally discharged material that is recovered and properly disposed of by the responsible party.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 5650.1 of the Fish and Game Code is
2amended to read:

3

5650.1.  

(a) begin deleteEvery end deletebegin insertA end insertperson who violates Section 5650 is
4subject to a civil penalty of not more than twenty-five thousand
5dollars ($25,000) for each violation.

6(b) The civil penalty imposed for each separate violation
7pursuant to this section is separate, and in addition to, any other
P2    1civil penalty imposed for a separate violation pursuant to this
2section or any other provision of law.

3(c) In determining the amount ofbegin delete anyend deletebegin insert aend insert civil penalty imposed
4pursuant to this section, the court shall take into consideration all
5relevant circumstances, including, but not limited to, the nature,
6circumstance, extent, and gravity of the violation. In making this
7determination, the court shall consider the degree of toxicity and
8volume of the discharge, the extent of harm caused by the violation,
9whether the effects of the violation may be reversed or mitigated,
10and with respect to the defendant, the ability to pay, the effect of
11any civil penalty on the ability to continue in business, any
12voluntary cleanup efforts undertaken, any prior history of
13violations, the gravity of the behavior, the economic benefit, if
14any, resulting from the violation, and any other matters the court
15determines justice may require.

16(d) Every civil action brought under this section shall be brought
17by the Attorney General upon complaint by the department, or by
18 the district attorney or city attorney in the name of the people of
19the State of California, and any actions relating to the same
20violation may be joined or consolidated.

21(e) Inbegin delete anyend deletebegin insert aend insert civil action brought pursuant to this chapter in which
22a temporary restraining order, preliminary injunction, or permanent
23injunction is sought, it is not necessary to allege or prove at any
24stage of the proceeding that irreparable damage will occur if the
25temporary restraining order, preliminary injunction, or permanent
26injunction is not issued, or that the remedy at law is inadequate.

27(f) After the party seeking the injunction has met its burden of
28proof, the court shall determine whether to issue a temporary
29restraining order, preliminary injunction, or permanent injunction
30without requiring the defendant to prove that it will suffer grave
31or irreparable harm. The court shall make the determination
32whether to issue a temporary restraining order, preliminary
33injunction, or permanent injunction by taking into consideration,
34among other things, the nature, circumstance, extent, and gravity
35of the violation, the quantity and characteristics of the substance
36or material involved, the extent of environmental harm caused by
37the violation, measures taken by the defendant to remedy the
38violation, the relative likelihood that the material or substance
39involved may pass into waters of the state, and the harm likely to
40be caused to the defendant.

P3    1(g) The court, to the maximum extent possible, shall tailorbegin delete anyend delete
2begin insert aend insert temporary restraining order, preliminary injunction, or permanent
3injunction narrowly to address the violation in a manner that will
4otherwise allow the defendant to continue business operations in
5a lawful manner.

6(h) All civil penalties collected pursuant to this section shall not
7be considered fines or forfeitures as defined in Section 13003 and
8shall be apportioned in the following manner:

9(1) Fifty percent shall be distributed to the county treasurer of
10the county in which the action is prosecuted. Amounts paid to the
11county treasurer shall be deposited in the county fish and wildlife
12propagation fund established pursuant to Section 13100.

13(2) Fifty percent shall be distributed to the department for
14deposit in the Fish and Game Preservation Fund. These funds may
15be expended to cover the costs of legal actions or for any other
16law enforcement purpose consistent with Section 9 of Article XVI
17of the California Constitution.

begin insert

18(i) In addition to any other penalty provided by law, a person
19who violates Section 5650 is subject to a civil penalty of not more
20than ten dollars ($10) for each gallon or pound of polluting
21material discharged. The total amount of the civil penalty shall
22be reduced for every gallon or pound of the illegally discharged
23material that is recovered and properly disposed of by the
24responsible party.

end insert


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