Loading (50 kb)...'
FGC Sec 5650-5803 Generally POLLUTION (Fish)
FISH AND GAME CODE
5650. (a) Except as provided in subdivision (b), it is unlawful to
deposit in, permit to pass into, or place where it can pass into the
waters of this state any of the following:
(1) Any petroleum, acid, coal or oil tar, lampblack, aniline,
asphalt, bitumen, or residuary product of petroleum, or carbonaceous
material or substance.
(2) Any refuse, liquid or solid, from any refinery, gas house,
tannery, distillery, chemical works, mill, or factory of any kind.
(3) Any sawdust, shavings, slabs, or edgings.
(4) Any factory refuse, lime, or slag.
(5) Any cocculus indicus.
(6) Any substance or material deleterious to fish, plant life, or
(b) This section does not apply to a discharge or a release that
is expressly authorized pursuant to , and in compliance with, the
terms and conditions of a waste discharge requirement pursuant to
Section 13263 of the Water Code or a waiver issued pursuant to
subdivision (a) of Section 13269 of the Water Code issued by the
State Water Resources Control Board or a regional water quality
control board after a public hearing, or that is expressly authorized
pursuant to, and in compliance with, the terms conditions of a
federal permit for which the State Water Resources Control Board or a
regional water quality control board has, after a public hearing,
issued a water quality certification pursuant to Section 13160 of the
Water Code. This section does not confer additional authority on
the State Water Resources Control Board, a regional water quality
control board, or any other entity.
(c) It shall be an affirmative defense to a violation of this
section if the defendant proves, by a preponderance of the evidence,
all of the following:
(1) The defendant complied with all applicable state and federal
laws and regulations requiring that the discharge or release be
reported to a government agency.
(2) The substance or material did not enter the waters of the
state or a storm drain that discharges into the waters of the state.
(3) The defendant took reasonable and appropriate measures to
effectively mitigate the discharge or release in a timely manner.
(d) The affirmative defense in subdivision (c) does not apply and
may not be raised in an action for civil penalties or injunctive
relief pursuant to Section 5650.1.
(e) The affirmative defense in subdivision (c) does not apply and
may not be raised by any defendant who has on two prior occasions in
the preceding five years, in any combination within the same county
in which the case is prosecuted, either pleaded nolo contendere, been
convicted of a violation of this section, or suffered a judgment for
a violation of this section or Section 5650.1. This subdivision
shall apply only to cases filed on or after January 1, 1997.
(f) The affirmative defense in subdivision (c) does not apply and
may not be raised by the defendant in any case in which a district
attorney, city attorney, or Attorney General alleges, and the court
finds, that the defendant acted willfully.
5650.1. (a) Every person who violates Section 5650 is subject to a
civil penalty of not more than twenty-five thousand dollars ($25,000)
for each violation.
(b) The civil penalty imposed for each separate violation pursuant
to this section is separate, and in addition to, any other civil
penalty imposed for a separate violation pursuant to this section or
any other provision of law.
(c) In determining the amount of any civil penalty imposed
pursuant to this section, the court shall take into consideration all
relevant circumstances, including, but not limited to, the nature,
circumstance, extent, and gravity of the violation. In making this
determination, the court shall consider the degree of toxicity and
volume of the discharge, the extent of harm caused by the violation,
whether the effects of the violation may be reversed or mitigated,
and with respect to the defendant, the ability to pay, the effect of
any civil penalty on the ability to continue in business, any
voluntary cleanup efforts undertaken, any prior history of
violations, the gravity of the behavior, the economic benefit, if
any, resulting from the violation, and any other matters the court
determines justice may require.
(d) Every civil action brought under this section shall be brought
by the Attorney General upon complaint by the department, or by the
district attorney or city attorney in the name of the people of the
State of California, and any actions relating to the same violation
may be joined or consolidated.
(e) In any civil action brought pursuant to this chapter in which
a temporary restraining order, preliminary injunction, or permanent
injunction is sought, it is not necessary to allege or prove at any
stage of the proceeding that irreparable damage will occur if the
temporary restraining order, preliminary injunction, or permanent
injunction is not issued, or that the remedy at law is inadequate.
(f) After the party seeking the injunction has met its burden of
proof, the court shall determine whether to issue a temporary
restraining order, preliminary injunction, or permanent injunction
without requiring the defendant to prove that it will suffer grave or
irreparable harm. The court shall make the determination whether to
issue a temporary restraining order, preliminary injunction, or
permanent injunction by taking into consideration, among other
things, the nature, circumstance, extent, and gravity of the
violation, the quantity and characteristics of the substance or
material involved, the extent of environmental harm caused by the
violation, measures taken by the defendant to remedy the violation,
the relative likelihood that the material or substance involved may
pass into waters of the state, and the harm likely to be caused to
(g) The court, to the maximum extent possible, shall tailor any
temporary restraining order, preliminary injunction, or permanent
injunction narrowly to address the violation in a manner that will
otherwise allow the defendant to continue business operations in a
(h) All civil penalties collected pursuant to this section shall
not be considered fines or forfeitures as defined in Section 13003
and shall be apportioned in the following manner:
(1) Fifty percent shall be distributed to the county treasurer of
the county in which the action is prosecuted. Amounts paid to the
county treasurer shall be deposited in the county fish and wildlife
propagation fund established pursuant to Section 13100.
(2) Fifty percent shall be distributed to the department for
deposit in the Fish and Game Preservation Fund. These funds may be
expended to cover the costs of legal actions or for any other law
enforcement purpose consistent with Section 9 of Article XVI of the
5651. Whenever it is determined by the department that a continuing
and chronic condition of pollution exists, the department shall
report that condition to the appropriate regional water quality
control board, and shall cooperate with the board in obtaining
correction or abatement in accordance with any laws administered by
the board for the control of practices for sewage and industrial
5652. It is unlawful to deposit, permit to pass into, or place
where it can pass into the waters of the state, or to abandon,
dispose of, or throw away, within 150 feet of the high-water mark of
the waters of the state, any cans, bottles, garbage, motor vehicle or
parts thereof, rubbish, or the viscera or carcass of any dead
mammal, or the carcass of any dead bird.
The abandonment of any motor vehicle in any manner that violates
this section shall constitute a rebuttable presumption affecting the
burden of producing evidence that the last registered owner of
record, not having complied with Section 5900 of the Vehicle Code, is
responsible for such abandonment and is thereby liable for the cost
of removal and disposition of the vehicle. This section prohibits
the placement of a vehicle body on privately owned property along a
streambank by the property owner or tenant for the purpose of
preventing erosion of the streambank.
This section does not apply to a refuse disposal site which is
authorized by the appropriate local agency having jurisdiction or to
the depositing of such materials in a container from which the
materials are routinely removed to a legal point of disposal.
This section shall be enforced by all law enforcement officers of
5653. (a) The use of any vacuum or suction dredge equipment by any
person in any river, stream, or lake of this state is prohibited,
except as authorized under a permit issued to that person by the
department in compliance with the regulations adopted pursuant to
Section 5653.9. Before any person uses any vacuum or suction dredge
equipment in any river, stream, or lake of this state, that person
shall submit an application for a permit for a vacuum or suction
dredge to the department, specifying the type and size of equipment
to be used and other information as the department may require.
(b) Under the regulations adopted pursuant to Section 5653.9, the
department shall designate waters or areas wherein vacuum or suction
dredges may be used pursuant to a permit, waters or areas closed to
those dredges, the maximum size of those dredges that may be used,
and the time of year when those dredges may be used. If the
department determines, pursuant to the regulations adopted pursuant
to Section 5653.9, that the operation will not be deleterious to
fish, it shall issue a permit to the applicant. If any person
operates any equipment other than that authorized by the permit or
conducts the operation in any waters or area or at any time that is
not authorized by the permit, or if any person conducts the operation
without securing the permit, the person is guilty of a misdemeanor.
(c) The department shall issue a permit upon the payment, in the
case of a resident, of a base fee of twenty-five dollars ($25), as
adjusted under Section 713, when an onsite investigation of the
project size is not deemed necessary by the department, and a base
fee of one hundred thirty dollars ($130), as adjusted under Section
713, when the department deems an onsite investigation is necessary.
In the case of a nonresident, the base fee shall be one hundred
dollars ($100), as adjusted under Section 713, when an onsite
investigation is not deemed necessary, and a base fee of two hundred
twenty dollars ($220), as adjusted under Section 713, when an onsite
investigation is deemed necessary.
(d) It is unlawful to possess a vacuum or suction dredge in areas,
or in or within 100 yards of waters, that are closed to the use of
vacuum or suction dredges.
5653.3. Any person required to possess a permit pursuant to Section
5653 shall present his or her dredging equipment for inspection upon
request of a state or county fish and game warden.
5653.5. For purposes of Section 5653, "river, stream, or lake"
means the body of water at the current water level at the time of the
5653.7. In the event of an unanticipated water level change, when
necessary to protect fish and wildlife resources, the department may
close areas that were otherwise opened for dredging and for which
permits were issued pursuant to Section 5653.
5653.8. For purposes of Sections 5653 and 5653.3, "person" does not
include a partnership, corporation, or other type of association.
5653.9. The department shall adopt regulations to carry out Section
5653 and may adopt regulations to carry out Sections 5653.3, 5653.5,
and 5653.7. The regulations shall be adopted in accordance with
the requirements of Division 13 (commencing with Section 21000) of
the Public Resources Code and Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
5655. (a) In addition to the responsibilities imposed pursuant to
Section 5651, the department may clean up or abate, or cause to be
cleaned up or abated, the effects of any petroleum or petroleum
product deposited or discharged in the waters of this state or
deposited or discharged in any location onshore or offshore where the
petroleum or petroleum product is likely to enter the waters of this
state, order any person responsible for the deposit or discharge to
clean up the petroleum or petroleum product or abate the effects of
the deposit or discharge, and recover any costs incurred as a result
of the cleanup or abatement from the responsible party.
(b) No order shall be issued pursuant to this section for the
cleanup or abatement of petroleum products in any sump, pond, pit, or
lagoon used in conjunction with crude oil production that is in
compliance with all applicable state and federal laws and
(c) The department may issue an order pursuant to this section
only if there is an imminent and substantial endangerment to human
health or the environment and the order shall remain in effect only
until any cleanup and abatement order is issued pursuant to Section
13304 of the Water Code. A regional water quality control board
shall incorporate the department's order into the cleanup and
abatement order issued pursuant to Section 13304 of the Water Code,
unless the department's order is inconsistent with any more stringent
requirement established in the cleanup and abatement order. Any
action taken in compliance with the department's order is not a
violation of any subsequent regional water quality control board
cleanup and abatement order issued pursuant to Section 13304 of the
(d) For purposes of this section, "petroleum product" means oil in
any kind or form, including, but not limited to, fuel oil, sludge,
oil refuse, and oil mixed with waste other than dredged spoil.
"Petroleum product" does not include any pesticide that has been
applied for agricultural, commercial, or industrial purposes or has
been applied in accordance with a cooperative agreement authorized by
Section 116180 of the Health and Safety Code, that has not been
discharged accidentally or for purposes of disposal, and whose
application was in compliance with all applicable state and federal
laws and regulations.
5656. 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
article shall be deposited in the Fish and Wildlife Pollution Account
in the Fish and Game Preservation Fund.
5669. For purposes of this chapter, "shellfish" means any bivalve
5670. It is unlawful to take shellfish used or intended to be used
for human consumption from any area from which it shall be
determined, as provided in this article, that the taking of shellfish
does or may constitute a menace to the lives or health of human
5671. The State Department of Health Services may:
(a) Examine any area from which shellfish may be taken.
(b) Determine whether the area is subject to sewage contamination.
(c) Determine whether the taking of shellfish from the area does
or may constitute a menace to the lives or health of human beings.
5672. Upon the determination by the State Department of Health
Services that the area is or may be subject to sewage contamination,
and that the taking of shellfish from it does or may constitute a
menace to the lives or health of human beings, it shall ascertain as
accurately as it can the bounds of the contamination, and shall post
notices on or in the area describing its bounds and prohibiting the
taking of shellfish therefrom.
The taking of shellfish from the area is unlawful after the
completion of the publication of the notices as prescribed in this
5673. The fact of posting the notices shall be published once a
week for four successive weeks in some newspaper of general
circulation published in the county in which the contaminated area is
situated, if there is such a newspaper, and if there is none, then
in such a newspaper published in an adjoining county.
5674. The State Department of Health Services shall enforce the
provisions of this article, and for that purpose the inspectors and
employees of that agency may enter at all times upon public or
private property upon which shellfish may be located.
5675. If examinations are conducted pursuant to this article for
purposes of certifying the quality of shellfish-growing waters,
certification of water quality shall be commenced within 30 days, and
completed within three months of the filing of an application by an
5700. Notwithstanding Sections 5670, 5672, 8341, and 9050, native
and nonnative mollusks may be taken in Districts 12 and 13 and moved
to other areas to be purified for human consumption under such rules
and regulations as shall be established by the commission. Such
regulations may include, but are not limited to, bag limits, methods
of harvest, and provisions for public use. Mollusks taken under this
section shall not be used for human consumption unless such use is
approved by the State Department of Health Services.
5701. The State Department of Health Services may make sanitary
surveys of mollusk-growing areas or may use sanitary surveys of
mollusk-growing areas made by qualified state or county agencies, and
based on such information may classify such areas for purposes of
harvesting and moving mollusks which are to be purified for human
consumption in accordance with Section 5700. The State Department of
Health Services shall adopt such rules and regulations as are
necessary to implement this section.
5701.5. If examinations are conducted by the State Department of
Health Services pursuant to this article for purposes of certifying
the quality of shellfish-growing waters, certification of water
quality shall be commenced within 30 days and completed within six
months of the filing of an application by an aquaculturist.
5702. Any person who moves any native mollusks taken under
regulations of the commission from Districts 12 and 13 for purposes
of purification for human consumption shall pay a royalty, as the
commission may prescribe, of not less than two cents ($0.02) per
pound of mollusks so taken.
5800. (a) It is unlawful to conduct any mining operations in the
Trinity and Klamath River Fish and Game District between July 1st and
November 30th except when the debris, substances, tailings or other
effluent from such operations do not and cannot pass into the waters
in that district.
(b) It is unlawful between July 1st and November 30th to pollute,
muddy, contaminate, or roil the waters of the Trinity and Klamath
River Fish and Game District. It is unlawful between those dates to
deposit in or cause, suffer, or procure to be deposited in, permit to
pass into, or place where it can pass into, such waters, any debris,
substance or tailings from hydraulic, placer, milling, or other
mining operation affecting the clarity of such waters. The clarity
of such waters shall be deemed affected when such waters at a point a
distance of one mile below the confluence of the Klamath River and
the Salmon River or at a point a distance of one mile below the
confluence of the South Fork of the Trinity River and the Trinity
River, contain fifty (50) parts per million, by weight, of suspended
matter, not including vegetable matter in suspension and suspended
matter occurring in the stream or streams due to an act of God.
(c) It is unlawful, between July 1st and November 30th to carry on
or operate any hydraulic mine of any kind on, along, or in any
waters flowing into the Trinity and Klamath River District. However,
nothing herein contained shall prevent the operation of a hydraulic
mine where the tailings, substance, or debris, or other effluent
therefrom, does not or will not pass into the waters of the Trinity
and Klamath River Fish and Game District, between such dates, and any
person, firm, or corporation engaged in hydraulic mining shall have
the right until the fifteenth day of July to use water for the
purpose of cleaning up.
(d) Any structure or contrivance which causes or contributes, in
whole or in part, to the condition, the causing of which is in this
section prohibited, is a public nuisance, and any person, firm, or
corporation maintaining or permitting it is guilty of maintaining a
public nuisance, and it is the duty of the district attorney of the
county where the condition occurs or the acts creating the public
nuisance occur, to bring action to abate such nuisance.
5801. Section 5800 does not affect any other laws applying to the
territory included in the Trinity and Klamath River Fish and Game
District which relate to birds, mammals, and fish.
5802. Section 5800 does not apply to the construction, repair, or
maintenance of public works by the Federal or State Government, or
any political subdivision thereof.
5803. No provision of this article is a limitation on the authority
of the State Water Resources Control Board or any California
Regional Water Quality Control Board to adopt and enforce additional
discharge requirements or prohibitions.