Private nuisance is a nuisance that affects an individual citizen only. It is actionable by that individual. Spills, however, are rarely so focused that they affect only one individual. Most spills affect a large number of the population. It is actionable only by the Attorney General.
Individuals generally have no cause of action for a public nuisance.
There is an exception, however. A private action for a public nuisance is available if the plaintiff can prove a substantial injury beyond that suffered by the general public. This test is difficult to meet. Fault or negligence is an essential element of a claim in nuisance involving a navigable waterway. This is a special requirement as normally nuisance is actionable without proof of fault.