Return to Non-CALJIC Offenses – Contents
F 18.53 n1 Water Pollution: Violation is Felony Even Though Not Specified.
People v. Buena Vista Mines (96) 48 CA4th 1030 [56 CR2d 21] held that California’s water pollution statute Water Code (WC 13387(c)) is a felony despite the Legislature’s failure to include the words “felony” or “state prison” in the statute.
F 18.53 n2 Water Pollution: Knowledge Element (WC 13387(c)).
Felony discharge of pollutants is a general intent crime requiring no knowledge that the material discharged qualified as pollutant, and thus mistake of law is not a defense. (People v. Ramsey (2000) 79 CA4th 621 [94 CR2d 301].)
F 18.53 n3 Water Pollution: Definition Of “Point Source” (WC 13387(c)).
In People v. Ramsey (2000) 79 CA4th 621 [94 CR2d 301] “discharge of a pollutant” was defined as “any addition of any pollutant to navigable waters from any point source.” The court held that the term was commonly understood and the defendant did not request a clarifying instruction. Additionally, any error was harmless in that there was no factual dispute regarding the point source.
