Civil Offenses in Navigable Waters

Division 1.5, Chapter 4 of the California Harbors and Navigation Code deals with civil offenses committed in navigable waters.

Section 151 provides that any person that intentionally or negligently causes or permits any oil to be deposited in the water of this state, including but not limited to navigable waters, is liable civilly in an amount not exceeding $6,000 and, in addition, is liable to any governmental agency charged with the responsibility for cleaning up or abating any oil for all actual damages, in addition to the reasonable costs actually incurred in abating or cleaning up the oil deposit in such waters.

The amount of the civil penalty which is assessed pursuant to this section it to be based upon the amount of discharge and the likelihood of permanent injury and is recoverable in a civil action by, and paid to, a governmental agency.

Section 153 specifies that any recovery or settlement of money damages, including, but not limited to, civil penalties, arising out of any civil action filed and maintained by the Attorney General in the enforcement of this chapter are to be deposited in the Fish and Wildlife Pollution Cleanup and Abatement Account in the Fish and Game Preservation Fund.