Section 12015 Of Chapter 1. General Provisions From California Fish And Game Code >> Division 9. >> Chapter 1.
12015
. (a) It is the intent of the Legislature that expeditious
cleanup is the primary interest of the people of the State of
California in order to protect the people and the environment of the
state.
(b) In addition to any other penalty, anyone responsible for
polluting, contaminating, or obstructing waters of this state, or
depositing or discharging materials threatening to pollute,
contaminate, or obstruct waters of this state, to the detriment of
fish, plant, bird, or animal life in those waters, shall be required
to remove any substance placed in the waters, or to remove any
material threatening to pollute, contaminate, or obstruct waters of
this state, which can be removed, that caused the prohibited
condition, or to pay the costs of the removal by the department.
(c) Prior to taking any action committing the use of state funds
pursuant to this section or Section 5655, the department shall first
make a reasonable effort to have the person responsible, when that
person is known and readily available, remove, or agree to pay for
the removal of, the substance causing the prohibited condition, if
the responsible person acts expeditiously and does not cause the
prohibited condition to be prolonged to the detriment of fish, plant,
animal, or bird life in the affected waters. When the responsible
party is unknown or is not providing adequate and timely cleanup, the
emergency reserve account of the Toxic Substances Control Account in
the General Fund shall be used to provide funding for the cleanup
pursuant to Section 25354 of the Health and Safety Code. When those
or other funds are not available, moneys in the Fish and Wildlife
Pollution Account shall be available, in accordance with subdivision
(b) of Section 12017, for funding the cleanup expenses.