CCLME.ORG - HNC 132-135
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State
California
HNC Sec 130-135 OFFENSES (NAVIGABLE WATERS
)

HARBORS AND NAVIGATION CODE
SECTION 130-135





130. Every person who cuts or causes to be cut down any tree, so
that it falls into any navigable waters, and who does not remove it
within twenty-four hours after it falls into the water, is liable to
a penalty of five dollars for each tree.



131. Every person who unlawfully obstructs the navigation of any
navigable waters, is guilty of a misdemeanor.



132. Every person who, within the anchorage of any port, harbor, or
cove of this State, into which vessels may enter for the purpose of
receiving or discharging cargo, throws overboard from any vessel all
or any part of the ballast, or who otherwise places or causes to be
placed in such port, harbor, or cove, any obstructions to navigation,
is guilty of a misdemeanor.



133. Except in case of emergency imperiling life or property, or
unavoidable accident, collision, or stranding, or as otherwise
permitted by law, it is unlawful and constitutes a misdemeanor for
any person to discharge, or suffer the discharge of oil by any
methods, means, or manner, into or upon the navigable waters of the
State from any vessel using oil as fuel for the generation of
propulsion power, or any vessel carrying or having oil in excess of
that necessary for its lubricating requirements, and such as may be
required under the laws and prescribed rules and regulations of the
United States and this State.
As used in this section, the term "oil" means oil of any kind or
in any form, including fuel oil, oil sludge, and oil refuse, and the
term, "navigable waters of the State," means all portions of the sea
within the territorial jurisdiction of the State, and all inland
waters navigable in fact in which the tide ebbs and flows.



134. Every person who throws, deposits, or permits another in his
employ to throw or deposit, any sawdust, slabs, or refuse lumber, in
any place where it may be carried or fall into the waters of Humboldt
Bay, without first having constructed piers, bulkheads, dams, or
other contrivances, approved by the board of supervisors of Humboldt
County, to prevent their escape into the channels of the bay, is
guilty of a misdemeanor.



135. (a) It is unlawful to cause or permit any petroleum, chemical,
or other hazardous substance to be transferred between a vessel and
a shore facility or another vessel by means of a pipeline or similar
conduit unless the flow is continuously monitored by a properly
installed, operated, and maintained mechanism that will warn of the
imminent occurrence of an overflow of the substance being transferred
so that the flow can be terminated in time to avert the overflow,
and unless the vessel and the shore facility are each equipped with a
properly installed, operated, and maintained mechanism that will
warn whenever any person is no longer properly discharging his duties
in connection with the transfer, is inattentive, or becomes disabled
for any reason. Violation of this section is a misdemeanor.
However, it shall be a defense to any prosecution for a violation of
this section if the mechanism was properly installed and was at all
times properly operated and maintained by the person responsible for
the mechanism.
(b) A vessel subject to Part 35 of Title 46, or to Parts 155 and
156 of Title 33, of the Code of Federal Regulations, or a shore
facility subject to Parts 154 and 156 of Title 33 of the Code of
Federal Regulations, satisfies the requirements of subdivision (a) if
such vessel or shore facility formulates and establishes methods or
operating procedures which are designed to satisfy such requirements
and which are in accordance with applicable provisions of the Code of
Federal Regulations. However, such methods and procedures shall
require that the persons in charge of a transfer operation
communicate with each other as frequently as is necessary to warn
whenever any person is no longer properly discharging his duties in
connection with the transfer, is inattentive, or becomes disabled for
any reason.
(c) This section does not apply to any transfer of fuel to any
self-propelled vessel of less than 65 feet in length at any facility
equipped with dispensing nozzles of the automatic shut-off type that
do not have catch-locks and meet all federal standards.
(d) This section does not apply to any on-shore receiving tankage
if appropriate containment or diversionary structures, or both, or
other equipment that is adequate to prevent the overflowed substance
from reaching the waters of the state is provided.
(e) This section shall become operative with respect to a tank
vessel that is subject to examination by the United States Coast
Guard not later than the first occasion on or after January 1, 1980,
that it is required to be drydocked or hauled out for such
examination, as provided in Section 31.10-20 of Title 46 of the Code
of Federal Regulations. This section shall become operative on July
1, 1980, with respect to any vessel that is not subject to any such
examination; any tank barge, regardless of whether it is subject to
such an examination; and any shore facility not made exempt by
subdivision (d).
(f) As used in this section, "vessel" means every description of
watercraft or other contrivance used, or capable of being used, as a
means of transportation through or on water, including, but not
limited to, a barge.
(g) As used in this section, "hazardous substance" means any such
substance defined in paragraph (2) of subsection (b) of Section 1321
of Title 33 of the United States Code.