People v. Buena Vista Mines, Inc.

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…