Title 11 HEALTH AND SAFETY
Chapter 11.86 ENFORCEMENT
11.86.010 Civil penalties.
11.86.020 Violation a misdemeanor.
11.86.030 Penalties not exclusive.
11.86.010 Civil penalties.
A. Any operator of an underground storage tank shall be liable for a civil
penalty of not less than $500.00 or more than $5,000.00 for each underground
storage tank for each day of violation for any of the following
violations:
1. Operating an underground storage tank which has not been
issued a permit, in violation of this division;
2. Violation of any of the
applicable requirements of the permit issued for the operation of the
underground storage tank(s);
3. Failing to maintain records, as required by
this division;
4. Failing to report an unauthorized release, as required by
Section 11.76.010;
5. Failing to properly close an underground storage tank
in accordance with the provisions of this division;
6. Violation of any
applicable requirement of this division or any requirements of California Health
and Safety Code, Chapter 6.7 or any regulations promulgated
thereunder;
7. Failure to permit inspection or to perform any monitoring,
testing, or reporting required pursuant to this division;
8. Making any
false statement, representation, or certification in any application, record,
report, or other document submitted or required to be maintained pursuant to
this division.
B. Any owner of an underground storage tank(s) shall be
liable for a civil penalty of not less than $500.00 or more than $5,000.00 per
day for each underground storage tank, for each day of violation, for any of the
following violations:
1. Failure to obtain a permit as specified by this
division;
2. Failure to repair or upgrade an underground tank in accordance
with the provisions of this division;
3. Abandonment or improper closure of
any underground tank subject to the provisions of this division;
4. Knowing
failure to take reasonable and necessary steps to assure compliance with this
division by the operator of an underground tank(s);
5. Violation of any
applicable requirement of the permit issued for the operation of the underground
tank(s);
6. Violation of any applicable requirement of California Health and
Safety Code, Chapter 6.7, and any regulations promulgated
thereunder;
7. Failure to permit inspections or to perform any monitoring,
testing, or reporting required pursuant to this division;
8. Making any
false statement, representation, or certification in any application, record, or
other document submitted or required to be maintained pursuant to this
division.
C. Any person who intentionally fails to notify the CUPA or the
director when required to do so by this division or who submits false
information in a permit application, amendment, or renewal, pursuant to Chapter
11.80, is liable for a civil penalty of not more than $5,000.00 for each
underground storage tank for each day for which notification is not given or
false information is submitted. (Ord. 97-0016 § 74, 1997: Ord. 83-0208
§ 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)
11.86.020 Violation a misdemeanor.
A. Any person, firm, or corporation who violates any provision of this
division, or who fails to take corrective action upon becoming aware of an
unauthorized discharge, or who fails to comply with a notice of noncompliance
within the time specified or who continues to operate a facility upon suspension
or revocation of a permit shall be guilty of a misdemeanor, and the director may
cause such person, firm or corporation to be prosecuted as a violator of this
code. Each day that the conditions in this section continue to exist shall be a
separate violation.
B. Any person, firm, or corporation who falsifies any
monitoring records required by this division, or knowingly fails to report an
unauthorized release, shall, upon conviction, be punished by a fine of not less
than $5,000.00 or more than $10,000.00, or by imprisonment in the County Jail
for a period not to exceed one year, or by both that fine and imprisonment.
(Ord. 97-0016 § 74, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U
§ 1 (part), 1983.)
11.86.030 Penalties not exclusive.
Each civil penalty or civil fine imposed pursuant to this chapter for any
violation shall be separate, and in addition to, and do not supersede or limit,
any and all other civil penalties or criminal fines imposed pursuant to this
chapter or any other provisions of law. (Ord. 97-0016 § 76, 1997: Ord.
83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part),
1983.)
<< previous | next >>