A. Any owner or operator of a Fixed Facility is deemed to have violated this Chapter if:
1. A Fixed Facility is operated or if Critical Materials Use Activities are conducted on any site without first submitting a Commercial/Industrial Application or if changes are made to Critical Materials Use Activities at a Fixed Facility without resubmitting a Commercial/Industrial Application for the Fixed Facility as required by M.C. § 13.40.050(B).
2. An owner or operator of a Facility knowingly submits false or incomplete statements in an application or in reports to the Director or other responsible agencies or officials concerning the nature or quantity of Critical Materials present at a Facility governed by this Chapter.
3. An owner or operator fails to implement or maintain secondary containment of Critical Materials at a Fixed Facility as necessitated by this Chapter.
4. An owner or operator fails to comply with time and reporting standards for any Critical Materials Use Activities or fails to report any discharge of Critical Materials into the secondary containment system required by this Ordinance.
B. Any person, association, or corporation, or the officers thereof, who violates any of the provisions of this Chapter is deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by Municipal Code § 1.28.010.
C. In addition to fine and imprisonment, any person, association, or corporation, or the officers thereof found to be in violation of this Chapter is liable, by civil action or restitution, for any expense incurred by the City or any other governmental agency in enforcing this Chapter, or in removing or terminating any nuisance or health hazard.
D. Any person, association, or corporation, or the officers thereof is additionally subject to civil court action, including an injunction or restraining order, and to such penalties, costs, or fees as may be necessary to compel compliance.
E. Each successive day in violation shall be considered a separate offense and be subject to individual penalties for each separate offense. (Ord. 3716, 6-6-2023)