Inland Pollution ProgramInland Pollution Program

           

I. Background: Fish & Wildlife Pollution I. Background: Fish & Wildlife Pollution AccountAccount

Fund established during 80’s to provide:Fund established during 80’s to provide:

Assistance to the District WardensAssistance to the District Wardens Inland spill response coordinationInland spill response coordination Removal of pollutants from the environmentRemoval of pollutants from the environment Natural Resource Damage AssessmentNatural Resource Damage Assessment Restoration or rehabilitation of sitesRestoration or rehabilitation of sites

I. Background: Fish and Wildlife I. Background: Fish and Wildlife Pollution AccountPollution Account

Changes in the 1990’s included:Changes in the 1990’s included: 1995 DFG Director gave inland pollution 1995 DFG Director gave inland pollution

oversight to OSPRoversight to OSPR Duties extended to Duties extended to allall hazardous materials hazardous materials

and pollution incidents that threaten or and pollution incidents that threaten or impact State Waters and wildlifeimpact State Waters and wildlife

New pollution Lieutenant and ES New pollution Lieutenant and ES established in each region and put on established in each region and put on pollution accountpollution account

II. How The Program Works: Our II. How The Program Works: Our ResponsibilityResponsibility

California Game WardensCalifornia Game Wardens– Peace Officer 830.2(e) PCPeace Officer 830.2(e) PC– Statewide AuthorityStatewide Authority– Cross-Deputized Federal Fish and WildlifeCross-Deputized Federal Fish and Wildlife

Off-Highway Incident Commander for Off-Highway Incident Commander for Hazardous Material Incidents Hazardous Material Incidents – CA Hazardous Mat Incident Contingency Plan CA Hazardous Mat Incident Contingency Plan

(1991) (1991) 2.2-7 2.2-7 – CA State Emergency Plan 2007CA State Emergency Plan 2007

II. How the Program Works: II. How the Program Works: In GeneralIn General

Money Comes from the Money Comes from the FWPA - 207FWPA - 207

Funds a Variety of Funds a Variety of Positions Positions

NRDA / EconomistsNRDA / Economists Lab AnalysisLab Analysis PCAs to Fund Clean-upsPCAs to Fund Clean-ups Pursue Criminal or Civil Pursue Criminal or Civil

CasesCases Pursue Cost Recovery Pursue Cost Recovery

Only CasesOnly Cases

II. How The Program Works: Our II. How The Program Works: Our ResponsibilityResponsibility

Incident / Spill

on-hwy orright-of-way

local trafficinvestigationauthority

off-highway / water

oil ordeleterioussubstance

hazardousmaterial/waste

marine

environmentalhazard

oil

public healthhazard

DFG& The 207

local fire/hazmat county health or OES OSPR

II. How the Program Works: On an IncidentII. How the Program Works: On an Incident

OES / CalTip / Miscellaneous Environmental Strike OES / CalTip / Miscellaneous Environmental Strike Force Passes on Incident Information to District Warden, Force Passes on Incident Information to District Warden, Self Initiated Investigations By Lieutenant CoordinatorsSelf Initiated Investigations By Lieutenant Coordinators

Incidents May Include: All Haz Mats, Sediment, Sewage, Incidents May Include: All Haz Mats, Sediment, Sewage, Dairy/Farm Wastes, Petroleum Products, Cement, Dairy/Farm Wastes, Petroleum Products, Cement, Pipelines, etc.Pipelines, etc.

Warden is Dispatched to Incident and Begins Response Warden is Dispatched to Incident and Begins Response & Investigation Efforts& Investigation Efforts

II. How the Program Works: On an IncidentII. How the Program Works: On an Incident

First Responders Assess Need for AssistanceFirst Responders Assess Need for Assistance Has Access to Inland Pollution Program AssetsHas Access to Inland Pollution Program Assets Pollution Lieutenants, Biologists, Technical Experts, Pollution Lieutenants, Biologists, Technical Experts,

NRDA, Laboratories, Allied Agencies, Clean-up NRDA, Laboratories, Allied Agencies, Clean-up Contractors, Legal Assistance, etc…Contractors, Legal Assistance, etc…

Incident May Lead to Prosecution, Civil Remedies, Incident May Lead to Prosecution, Civil Remedies, NRDA Settlements, or Cost Recovery OnlyNRDA Settlements, or Cost Recovery Only

II. How the Program Works: On an IncidentII. How the Program Works: On an Incident

OSPR Inland Resources Can OSPR Inland Resources Can be Utilized in the Field to Assist be Utilized in the Field to Assist on Investigationson Investigations

Lab PersonnelLab Personnel AircraftAircraft TechniciansTechnicians

Fish and Game CodeFish and Game CodeChapter 2. PollutionChapter 2. Pollution

56505650. Water Pollution.. Water Pollution. (a) Except as provided in subdivision (b), it is unlawful to (a) Except as provided in subdivision (b), it is unlawful to

deposit in, permit to pass into, deposit in, permit to pass into, oror place where it can pass place where it can pass into the waters of this state any of the following:into the waters of this state any of the following:

– (1) Any petroleum, acid, coal or oil tar, lampblack, aniline, asphalt, (1) Any petroleum, acid, coal or oil tar, lampblack, aniline, asphalt, bitumen, or residuary product of petroleum, or carbonaceous bitumen, or residuary product of petroleum, or carbonaceous material or substance. material or substance.

– (2) Any refuse, liquid or solid, from any refinery, gas house, (2) Any refuse, liquid or solid, from any refinery, gas house, tannery, distillery, chemical works, mill, or factory of any kind. tannery, distillery, chemical works, mill, or factory of any kind.

– (3) Any sawdust, shavings, slabs, or edgings. (3) Any sawdust, shavings, slabs, or edgings.

– (4) Any factory refuse, lime, or slag. (4) Any factory refuse, lime, or slag.

– (5) Any cocculus indicus. (5) Any cocculus indicus.

– (6) Any substance or material deleterious to fish, plant life, (6) Any substance or material deleterious to fish, plant life, mammals, or bird life.mammals, or bird life.

Fish and Game CodeFish and Game CodeChapter 2. PollutionChapter 2. Pollution

5650. Does it Apply?5650. Does it Apply?

– (b) Authorized release? RWQCB, SWRCB.(b) Authorized release? RWQCB, SWRCB.

– (c) Affirmative Defenses (Must Prove All..)(c) Affirmative Defenses (Must Prove All..) (1) Complied With all Reporting Requirements(1) Complied With all Reporting Requirements

– State, Federal and LocalState, Federal and Local (2) Substance Did NOT Enter State Waters(2) Substance Did NOT Enter State Waters

– Storm DrainStorm Drain (3) Measures Taken to Mitigate in Timely Manner(3) Measures Taken to Mitigate in Timely Manner

– Reasonable and AppropriateReasonable and Appropriate

OSPR ENFORCEMENTOSPR ENFORCEMENT

Important NumbersImportant Numbers California State Governors Office of California State Governors Office of

Emergency Services Emergency Services

OES: (800)852-7550OES: (800)852-7550 National Response Center: (800)424-8802National Response Center: (800)424-8802 DFG Cal-Tip: (888)334-2258DFG Cal-Tip: (888)334-2258 SURCOM (951)443-2940, M-F 0800-1700SURCOM (951)443-2940, M-F 0800-1700

OSPR ENFORCEMENTOSPR ENFORCEMENT

Lt. Bryan Gollhofer – Lt. Bryan Gollhofer – (562) 708-7757 (562) 708-7757 – San DiegoSan Diego– OrangeOrange– Los AngelesLos Angeles– VenturaVentura– Santa BarbaraSanta Barbara