Section 8670.67.5.  


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  • (a) Any person who without regard to intent or negligence causes or permits a spill or inland spill shall be strictly liable civilly in accordance with subdivision (b) or (c).

    (b) A penalty may be administratively imposed by the administrator in accordance with Section 8670.68 in an amount not to exceed ten dollars ($10) per gallon of oil released for an inland spill, and in an amount not to exceed twenty dollars ($20) per gallon for a spill. The amount of the penalty shall be reduced for every gallon of released oil that is recovered and properly disposed of in accordance with applicable law.

    (c) Whenever the release of oil resulted from gross negligence or reckless conduct, the administrator shall, in accordance with Section 8670.68, impose a penalty in the amount of thirty dollars ($30) per gallon of oil released for an inland spill, and in an amount not to exceed sixty dollars ($60) for a spill. The amount of the penalty shall be reduced for every gallon of released oil that is recovered and properly disposed of in accordance with applicable law.

    (d) The administrator shall adopt regulations governing the method for determining the amount of oil that is cleaned up.

(Amended by Stats. 2008, Ch. 565, Sec. 14. Effective January 1, 2009.)