Can a public body be held liable under Water Code section 13350 of the California Water Code for failing to prevent oil spills?

The Younger court then held that although the civil liability imposed by Water Code section 13350 was punitive in that it sought to deter oil spills by making it costly to be held responsible for them, the liability was not solely punitive, as it fulfilled legitimate compensatory functions. The court reasoned that because an oil spill causes "unquantifiable" damage both to the waters and to dependent marine life and wildlife, the civil penalties more fully compensated the people of the state for the harm done, even though the statutory scheme also permits a civil action for damages. The court also reasoned that the penalties served a compensatory purpose because they were to be paid to the State Water Pollution Cleanup and Abatement Account, and might then be used to clean up a spill. The court concluded that because the penalties were compensatory as well as punitive, they were [227 Cal.App.3d 1170] not punitive damages within the meaning of Government Code section 818 and could be recovered from a public entity. (People ex rel. Younger v. Superior Court, supra, 16 Cal.3d at pp. 35-39, 127 Cal.Rptr. 122, 544 P.2d 1322.)