§ 13265 Waste Discharge Penalties

Key Takeaways

•If you dump waste where you shouldn't and get a written warning, you can be fined or even arrested. Each day you keep dumping counts as a new offense.
•For regular waste, the fine can be up to $1,000 per day if the regional board handles it, or up to $5,000 per day if a court handles it.
•If you dump hazardous waste (like chemicals or toxic stuff), the fines are higher: up to $5,000 per day if the regional board handles it, or up to $25,000 per day if a court handles it.
•You might avoid fines for hazardous waste if you didn’t mean to do it, you report it right away, or the board thinks it was a tiny mistake.

Example

A factory keeps dumping dirty water into a river after getting a warning letter from the regional board.

The factory can be fined up to $1,000 for each day they keep dumping the dirty water. If they ignore the warning for 10 days, they could owe $10,000. If a court gets involved, the fine could be up to $5,000 per day, so $50,000 for those 10 days.

(a) Any person discharging waste in violation of Section 13264, after such violation has been called to his attention in writing by the regional board, is guilty of a misdemeanor and may be liable civilly in accordance with subdivision (b). Each day of such discharge shall constitute a separate offense. (b) (1) Civil liability may be administratively imposed by a regional board in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5 for a violation of subdivision (a) in an amount which shall not exceed one thousand dollars ($1,000) for each day in which the violation occurs. (2) Civil liability may be imposed by the superior court in accordance with Articles 5 (commencing with Section 13350) and 6 (commencing with Section 13360) of Chapter 5 for a violation of subdivision (a) in an amount which shall not exceed five thousand dollars ($5,000) for each day in which the violation occurs. (c) Any person discharging hazardous waste, as defined in Section 25117 of the Health and Safety Code, in violation of Section 13264 is guilty of a misdemeanor and may be liable civilly in accordance with subdivision (d). That liability shall not be imposed if the discharger is not negligent and immediately files a report of the discharge with the board, or if the regional board determines that the violation of Section 13264 was insubstantial. This subdivision shall not be applicable to any waste discharge which is subject to Chapter 5.5 (commencing with Section 13370). (d) (1) Civil liability may be administratively imposed by a regional board in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5 for a violation of subdivision (c) in an amount which shall not exceed five thousand dollars ($5,000) for each day in which the violation occurs. (2) Civil liability may be imposed by the superior court in accordance with Articles 5 (commencing with Section 13350) and 6 (commencing with Section 13360) of Chapter 5 for a violation of subdivision (c) in an amount which shall not exceed twenty-five thousand dollars ($25,000) for each day in which the violation occurs. (Amended by Stats. 1984, Ch. 1541, Sec. 2.)

Key Takeaways

•If you dump waste where you shouldn't and get a written warning, you can be fined or even arrested. Each day you keep dumping counts as a new offense.
•For regular waste, the fine can be up to $1,000 per day if the regional board handles it, or up to $5,000 per day if a court handles it.
•If you dump hazardous waste (like chemicals or toxic stuff), the fines are higher: up to $5,000 per day if the regional board handles it, or up to $25,000 per day if a court handles it.
•You might avoid fines for hazardous waste if you didn’t mean to do it, you report it right away, or the board thinks it was a tiny mistake.

Example

A factory keeps dumping dirty water into a river after getting a warning letter from the regional board.

Key Takeaways

Example

Key Terms

References

§ 13265 Waste Discharge Penalties

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References