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.)