(a) The Administrator may issue a Complaint and assess a civil penalty upon any person who intentionally or negligently:
- (1) Fails to follow the applicable contingency plan, or the direction or orders of the Administrator, the United States Coast Guard, or the United States Environmental Protection Agency in connection with an oil spill, except as provided in Government Code section 8670.27.
- (2) Fails to notify the United States Coast Guard that a vessel (as defined in Government Code section 8670.20(a)) is disabled within one hour of a disability if, while disabled, the vessel causes a discharge of oil into marine waters or inland waters.
- (3) Discharges or spills oil into, or which enters marine waters or inland waters unless the discharge is authorized by a federal, state, or local agency with appropriate jurisdiction.
- (4) Fails to immediately begin cleanup, abatement, or removal of spilled oil in the manner prescribed by Government Code section 8670.25.
- (5) Fails to comply with the provisions of chapter 7.4 of the Government Code (commencing with section 8670.1) or division 7.8 of the Public Resources Code (commencing with section 8750) and any regulations, permits or orders issued or promulgated pursuant to those sections.
Note: Authority cited: Sections 8670.7, 8670.67 and 8670.68, Government Code. Reference: Sections 8670.20, 8670.67 and 8670.68, Government Code.
History
1. New section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
2. Amendment of subsections (a)(2)-(3) filed 5-14-2009; operative 6-13-2009 (Register 2009, No. 20).
3. Amendment filed 8-22-2025; operative 1-1-2026 pursuant to Government Code section 11343(b)(2) (Register 2025, No. 34).