People v. Buena Vista Mines, Inc.
Opinion
Opinion
Yegan, J.
The People appeal from an order denying a motion to reinstate a felony complaint (Pen. Code, § 871.5) for violation of the Porter-Cologne Water Quality Control Act. (Wat. Code, § 13387, subd. (a)(4).) Respondents, Buena Vista Mines, Inc., and Harold J. Biaggini (hereafter defendant), pumped 180,000 gallons of acid-contaminated water from a holding pond into Las Tablas Creek which flows into Lake Nacimiento. The magistrate dismissed the charge based on the finding that defendant’s conduct was legally justified under the doctrine of necessity. We reverse.
Defendant owns an inactive mercury mine in San Luis Obispo County. The mine, initially opened in 1866, was shut down in 1970. For more than 20 years, acid-contaminated water has drained from the mine into Las Tablas Creek. The California Regional Water Quality Control Board (RWQCB) ordered defendant to stop discharging water or treat the water before it was released into the creek.
In 1994 defendant constructed an earthen holding pond to capture the mine water and evaporate it. The pond was built from an existing cattle pond, dug 12 feet deep, and designed to hold 1,500,000 gallons of acid-contaminated water.