§ 151 Oil Discharge Civil Liability

This law says if you spill oil into any water in the state, you can be fined up to $6,000 and you must also pay for any real damage and the clean‑up costs.

Key Takeaways

•Any intentional or careless oil spill into state waters can lead to a civil fine up to $6,000.
•You also have to pay for real damage and the actual clean‑up costs the government agency incurs.
•The exact fine depends on how much oil was spilled and how likely it is to cause lasting harm.

Example

A truck driver leaks a barrel of oil into a river while driving through a town.

Because the oil got into the river, the driver can be sued for a fine (up to $6,000) and must also pay the agency that cleans the river for the actual damage and the money it spends to clean it up.

How to Calculate

Penalty = the lesser of $6,000 and an amount determined by the amount of oil spilled and the chance of permanent harm.

Figure out how much oil was spilled (e.g., gallons).
Assess how likely the spill will cause lasting damage (high, medium, low).
Use those two pieces of information to pick a penalty amount, but never go above $6,000.
Add any actual damage costs and the clean‑up agency’s reasonable expenses to the total you must pay.

A boat leaks 200 gallons of oil into a lake. The spill is judged to have a high chance of permanent harm.

Result: Because the spill is large and the injury risk is high, the agency sets the penalty at the maximum $6,000. Then the boat owner also pays the $15,000 the agency actually spent cleaning the lake, plus $5,000 in measured damage to fish habitats. Total owed = $6,000 + $15,000 + $5,000 = $26,000.

Except where permitted pursuant to the provisions of Chapter 4 (commencing with Section 13200) of Division 7 of the Water Code, 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, shall be liable civilly in an amount not exceeding six thousand dollars ($6,000) and, in addition, shall be liable to any governmental agency charged with the responsibility for cleaning up or abating any such 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 shall be based upon the amount of discharge and the likelihood of permanent injury and shall be recoverable in a civil action by, and paid to, such governmental agency. If more than one such agency has responsibility for the waters in question, the agency which conducts the cleaning or abating activities shall be the agency authorized to proceed under this section. (Amended by Stats. 1971, Ch. 438.)

This law says if you spill oil into any water in the state, you can be fined up to $6,000 and you must also pay for any real damage and the clean‑up costs.

Key Takeaways

•Any intentional or careless oil spill into state waters can lead to a civil fine up to $6,000.
•You also have to pay for real damage and the actual clean‑up costs the government agency incurs.
•The exact fine depends on how much oil was spilled and how likely it is to cause lasting harm.

Example

A truck driver leaks a barrel of oil into a river while driving through a town.

Because the oil got into the river, the driver can be sued for a fine (up to $6,000) and must also pay the agency that cleans the river for the actual damage and the money it spends to clean it up.

How to Calculate

Penalty = the lesser of $6,000 and an amount determined by the amount of oil spilled and the chance of permanent harm.

Figure out how much oil was spilled (e.g., gallons).
Assess how likely the spill will cause lasting damage (high, medium, low).
Use those two pieces of information to pick a penalty amount, but never go above $6,000.
Add any actual damage costs and the clean‑up agency’s reasonable expenses to the total you must pay.

A boat leaks 200 gallons of oil into a lake. The spill is judged to have a high chance of permanent harm.

Key Takeaways

Example

How to Calculate

Key Terms

References

§ 151 Oil Discharge Civil Liability

Key Takeaways

Example

How to Calculate

Key Terms

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References