Firefighters joked Monday: At long last, the Lick Fire was
licked.
Gilroy – Firefighters joked Monday: At long last, the Lick Fire was licked.

The wildfire scorched more than 47,760 acres, or 74 square miles – an area nearly the size of Oakland, composing more than half of Henry Coe State Park – and burned through three cabins, two outbuildings, and nearly $8 million of government cash before firefighters tamed it Monday. Nine firefighters suffered minor injuries during the week-long battle.

The fire’s northern edge near Skunk Hollow Gulch has proved tough to snuff, said CalFire spokesman Mike Giannini, since scattered ridgetops “make it difficult to get an anchor point.” Nearly 300 inmates attacked a two-mile fireline in that area Monday, hoping to sew up the last 5 percent of uncontrolled fire. CalFire had already begun to scale back its efforts Monday, with roughly 500 fewer people at work on the fire than late last week.

CalFire officials have yet to name the person responsible for the fire. That person stepped forward Friday to admit they had lit an illegal burn barrel on a private ranch northwest of the park, accidentally causing the Lick Fire. The person has not been arrested, nor has the case been referred by CalFire to the Santa Clara County District Attorney’s Office, said spokesman David Tompkins.

“It’s too early,” Tompkins said. “Usually they put the fire out first before they start worrying about prosecuting.”

CalFire typically bills people who cause fires either by negligence or intent through its Civil Cost Recovery Program. Fire investigators set a total cost for the fire, then issue a letter outlining the person’s negligence, the amount demanded, and the person to contact. If the person can’t or won’t pay the bill, CalFire submits the case to civil court, represented by the state Attorney General.

CalFire’s most costly bill went to Pacific Gas & Electric in 1990, after a 500-kilowatt power line sparked the Campbell Fire. PG&E was charged $8.2 million, but agreed to a settlement of $5 million.

“If they can’t pay, that doesn’t mean they get off free,” said Chris Parker, a retired CalFire cost recovery officer, “but we don’t take all their money, either … We’re not going to enforce a $1 million judgment against someone who can’t buy their next meal.”

The Attorney General searches assets, financial holdings and insurance to gauge how much responsible parties should pay, said Parker. The recovered money flows back into the state’s general fund, not CalFire’s budget. Roughly 500 people are billed by CalFire each year, paying anywhere from $50 to $8 million.

“But these cases take years to settle,” Parker said.

Criminal charges are also possible, though CalFire staff were unsure whether the violation falls under state or local law. Reckless action that causes fire damage is a misdemeanor under the state Penal Code – a felony if forest land is damaged. “Reckless” means someone is aware of and disregards a substantial and unjustifiable risk of fire.

Open burning is generally prohibited in the Bay Area by the Air Quality Management District, added Jackie Bretschneider, Gilroy city fire marshal.

“There’s no time that you’re ever allowed to burn rubbish,” said Bretschneider, who was unsure what penalties the BAAQMD levies for violations. “People see the farmers burning their prunings, and they think they can do it – but they really need to consult their fire authority before they burn things.”

The fire has few ecological costs: Deer and birds have already returned to the area, said retiree Craig Locurto, whose cabin near the park was destroyed along with a friend’s Jeep. In fact, said Locurto, the blaze has been long-awaited, as scheduled burns were postponed or canceled over the past few years.

That follows past patterns in the Bay Area: In 2000, nearly 7,000 acres were approved for burning from Marin to Santa Clara County, but only 828 acres were actually burned, according to Bay Area Air Quality Management District data.

“All the laurel trees are still green,” said Locurto. “It’s a good burn, and the animals will benefit.”

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