Inland Pollution Program Inland Pollution Program

I. Background: Fish & Wildlife Pollution Account Fund established during 80’s to provide:  Assistance to the District Wardens  Inland spill response coordination  Removal of pollutants from the environment  Natural Resource Damage Assessment  Restoration or rehabilitation of sites

I. Background: Fish and Wildlife Pollution Account I. Background: Fish and Wildlife Pollution Account Changes in the 1990’s included:  1995 DFG Director gave inland pollution oversight to OSPR  Duties extended to all hazardous materials and pollution incidents that threaten or impact State Waters and wildlife  New pollution Lieutenant and ES established in each region and put on pollution account

II. How The Program Works: Our Responsibility  California Game Wardens –Peace Officer 830.2(e) PC –Statewide Authority –Cross-Deputized Federal Fish and Wildlife  Off-Highway Incident Commander for Hazardous Material Incidents –CA Hazardous Mat Incident Contingency Plan (1991)  –CA State Emergency Plan 2007

II. How the Program Works: In General  Money Comes from the FWPA  Funds a Variety of Positions  NRDA / Economists  Lab Analysis  PCAs to Fund Clean-ups  Pursue Criminal or Civil Cases  Pursue Cost Recovery Only Cases

II. How The Program Works: Our Responsibility Incident / Spill on-hwy or right-of-way local traffic investigation authority off-highway / water oil or deleterious substance hazardous material/waste marine environmental hazard oil public health hazard DFG & The 207 local fire/hazmat county health or OES OSPR

II. How the Program Works: On an Incident  OES / CalTip / Miscellaneous Environmental Strike Force Passes on Incident Information to District Warden, Self Initiated Investigations By Lieutenant Coordinators  Incidents May Include: All Haz Mats, Sediment, Sewage, Dairy/Farm Wastes, Petroleum Products, Cement, Pipelines, etc.  Warden is Dispatched to Incident and Begins Response & Investigation Efforts

II. How the Program Works: On an Incident  First Responders Assess Need for Assistance  Has Access to Inland Pollution Program Assets  Pollution Lieutenants, Biologists, Technical Experts, NRDA, Laboratories, Allied Agencies, Clean-up Contractors, Legal Assistance, etc…  Incident May Lead to Prosecution, Civil Remedies, NRDA Settlements, or Cost Recovery Only

II. How the Program Works: On an Incident  OSPR Inland Resources Can be Utilized in the Field to Assist on Investigations  Lab Personnel  Aircraft  Technicians

Fish and Game Code Chapter 2. Pollution  Water Pollution.  (a) Except as provided in subdivision (b), it is unlawful to deposit in, permit to pass into, or place where it can pass into the waters of this state any of the following: –(1) Any petroleum, acid, coal or oil tar, lampblack, aniline, asphalt, bitumen, or residuary product of petroleum, or carbonaceous material or substance. –(2) Any refuse, liquid or solid, from any refinery, gas house, tannery, distillery, chemical works, mill, or factory of any kind. –(3) Any sawdust, shavings, slabs, or edgings. –(4) Any factory refuse, lime, or slag. –(5) Any cocculus indicus. –(6) Any substance or material deleterious to fish, plant life, mammals, or bird life.

Fish and Game Code Chapter 2. Pollution  Does it Apply? –(b) Authorized release? RWQCB, SWRCB. –(c) Affirmative Defenses (Must Prove All..)  (1) Complied With all Reporting Requirements –State, Federal and Local  (2) Substance Did NOT Enter State Waters –Storm Drain  (3) Measures Taken to Mitigate in Timely Manner –Reasonable and Appropriate

OSPR ENFORCEMENT Important Numbers  California State Governors Office of Emergency Services OES: (800)  National Response Center: (800)  DFG Cal-Tip: (888)  SURCOM (951) , M-F

OSPR ENFORCEMENT  Lt. Bryan Gollhofer – (562) –San Diego –Orange –Los Angeles –Ventura –Santa Barbara