Section 374.2 Of Title 10. Of Crimes Against The Public Health And Safety 369a-402c From California Penal Code >> Title 10. >> Part 1.
374.2
. (a) It is unlawful for any person to maliciously discharge,
dump, release, place, drop, pour, or otherwise deposit, or to
maliciously cause to be discharged, dumped, released, placed,
dropped, poured, or otherwise deposited, any substance capable of
causing substantial damage or harm to the operation of a public sewer
sanitary facility, or to deposit in commercial quantities any other
substance, into a manhole, cleanout, or other sanitary sewer
facility, not intended for use as a point of deposit for sewage,
which is connected to a public sanitary sewer system, without
possessing a written authorization therefor granted by the public
entity which is charged with the administration of the use of the
affected public sanitary sewer system or the affected portion of the
public sanitary sewer system.
As used in this section, "maliciously" means an intent to do a
wrongful act.
(b) For the purposes of this section "person" means an individual,
trust, firm, partnership, joint stock company, limited liability
company, or corporation, and "deposited in commercial quantities"
refers to any substance deposited or otherwise discharged in any
amount greater than for normal domestic sewer use.
(c) Lack of specific knowledge that the facility into which the
prohibited discharge or release occurred is connected to a public
sanitary sewer system shall not constitute a defense to a violation
charged under this section.
(d) Any person who violates this section shall be punished by
imprisonment in the county jail for not more than one year, or by a
fine of up to twenty-five thousand dollars ($25,000), or by both a
fine and imprisonment. If the conviction is for a second or
subsequent violation, the person shall be punished by imprisonment in
the county jail for not more than one year, or imprisonment pursuant
to subdivision (h) of Section 1170 for 16, 20, or 24 months, and by
a fine of not less than five thousand dollars ($5,000) or more than
twenty-five thousand dollars ($25,000).