PollutionGeneral
Section § 5650
It's illegal to allow harmful materials, like oil or chemicals, to enter California waters, unless specifically permitted by water quality authorities. Violations have exceptions if the discharge meets legal reporting rules, doesn't reach state waters, and is quickly handled. However, these exceptions don't apply for cannabis-related violations, repeat offenders, or willful actions.
Section § 5650.1
This law states that anyone violating Section 5650 can face a civil fine of up to $25,000 per violation. These penalties are separate and can be added to other fines unless specified otherwise. When setting the penalty amount, the court considers factors like the seriousness and impact of the violation, defendant's financial situation, and any corrective actions taken.
Legal actions are typically initiated by attorneys in California on behalf of the state, and actions related to unlicensed cannabis can involve county counsel. No need to show irreparable harm when seeking injunctions—courts decide based on violation severity and impact.
Any collected penalties are split between county wildlife funds and state preservation funds. Additional fines may apply based on the volume of discharged material, with reductions for proper cleanup. However, penalties under this section and other specific government codes can't overlap for the same action.
Section § 5651
If ongoing and severe pollution is identified, the department must report it to the regional water quality control board. They will then work together to fix or reduce the pollution following the board's laws on managing sewage and industrial waste.
Section § 5652
This law makes it illegal to leave or discard items like cans, bottles, garbage, car parts, or dead animal bodies near or into any waters in the state. You cannot abandon vehicles in these areas either. If a vehicle is left behind, the last registered owner may be presumed responsible unless proven otherwise, and they may have to pay for its removal. Property owners cannot use vehicle bodies to stop streambank erosion. Exceptions are allowed for authorized disposal sites or containers routinely emptied to legal disposal points. All law enforcement officers in the state can enforce this rule.
Section § 5653
This California law states that using vacuum or suction dredging equipment in rivers, streams, or lakes is prohibited unless you have a permit from the state. To get a permit, you need to apply and provide details about the equipment and other required documents such as water quality permits.
The Department will not issue permits until all necessary paperwork is complete, including waste discharge requirements or certifications from water boards and possibly the U.S. Army Corps of Engineers.
Permits will detail where and when dredging is allowed, and using this equipment without a permit or outside of the conditions specified in a permit is a misdemeanor.
The fees for permits may vary depending on whether you are a resident or nonresident and whether an onsite investigation is needed. Possessing a suction dredge in restricted areas is illegal, and permits do not excuse violations of other laws.
Suction dredging refers specifically to motorized systems used for mineral recovery, but non-motorized mining like gold panning is not restricted by this law.
Section § 5653.1
This law section covers the regulation of vacuum and suction dredge mining in California. It states that such mining is considered a project under the California Environmental Quality Act and requires an environmental impact report before permits can be issued. Until specific conditions are met, such as completing environmental reviews, updating and implementing regulations, and setting up a fee structure to cover administrative costs, the use of suction dredge equipment in rivers, streams, or lakes is banned. The law specifically relates to instream mining and does not affect nonmotorized recreational activities like gold panning or maintenance activities for infrastructure.
It clarifies that the restrictions apply only to mining purposes and not to activities governed by other state or federal laws.
Section § 5653.3
If you need a permit for dredging under Section 5653, you must show your dredging equipment for inspection whenever a state or county fish and game warden asks you to.
Section § 5653.5
This law clarifies that when considering dredging activities, the terms 'river,' 'stream,' or 'lake' refer specifically to the water's current level at the time of the dredging.
Section § 5653.7
If there is an unexpected change in water levels and it's needed to protect fish and wildlife, the department has the authority to close areas that were previously open for dredging activities, even if permits were already issued.
Section § 5653.8
This section clarifies that in the context of specific legal sections, the term 'person' is limited to individual human beings. It specifically excludes organizations like partnerships, corporations, or associations from being classified as a 'person.'
Section § 5653.9
This section requires the department to establish rules to implement Section 5653 and allows it to create rules for Sections 5653.3, 5653.5, and 5653.7. These regulations must follow specific procedures outlined in the Public Resources Code and the Government Code.
Section § 5654
This law addresses what happens when there's an oil spill or discharge near areas where fishing or aquaculture takes place. Within 24 hours of such an incident, the area's director must close the affected waters to all fishing and put up public warnings. If the Office of Environmental Health Hazard Assessment determines there's no risk to public health, the closure isn't necessary. Within 48 hours, the director must assess the danger to both public health and fishery areas.
If there's no significant risk found, the area can be reopened without further testing. Otherwise, fish and shellfish in the closed area must be tested within seven days to check for contamination. If tests show no contamination, the area is reopened to fishing within 24 hours. The law also requires consulting with local fishing communities, and if it affects Native American tribal lands, their governments must be consulted too. Finally, the department will seek reimbursement from those responsible for the spill.
Section § 5655
This law section allows the California department to address and clean up any petroleum spills that may enter the state's waters. They can clean or order those responsible to clean the spill and recover costs from them. The law specifically excludes cleaning petroleum products from areas used in crude oil production that comply with laws. An order can be issued only if there's an immediate danger to health or the environment and lasts until another order under Section 13304 of the Water Code replaces it. The Office of Spill Prevention and Response leads cleanup efforts, and this role can be delegated. The law also defines 'petroleum product' and 'state incident commander' to clarify these terms in this context.
Section § 5656
This law states that any money won or settled on, including civil penalties, from a lawsuit filed by the Attorney General to enforce this article must be placed in the Fish and Wildlife Pollution Account within the Fish and Game Preservation Fund.