California Fish and Game Code Section 5650
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California Laws > Fish and Game Code > California Fish and Game Code Section 5650
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,
mammals, or bird life.
(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 and 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.
Last modified: March 17, 2014