(a) Any person who intentionally or negligently violates any provision of this title, or fails to comply with any order issued thereunder, shall be liable for a civil penalty of not less than five hundred dollars or more than five thousand dollars per day for each day of violation which shall be assessed and recovered in a civil action brought in the name of the people by the city attorney.
(b) Any operator of an underground tank system shall be liable for a civil penalty of not less than five hundred dollars or more than five thousand dollars for each underground storage tank for each day of violation for any of the following violations:
(1) Operating an underground tank system which has not been issued a permit, in violation of this title.
(2) Violation of any of the applicable requirements of the permit issued for the operation of the underground tank system.
(3) Failure to maintain records, as required by this title.
(4) Failure to report an unauthorized release, as required by Section 17.10.160.
(5) Failure to properly close an underground tank system, as required by Section 17.10.170.
(6) Violation of any applicable requirement of this title or any regulation adopted by the State Water Resources Control Board pursuant to Section 25299.3 of the California Health and Safety Code.
(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 title.
(c) Any owner of an underground tank system shall be liable for a civil penalty of not less than five hundred dollars or more than five thousand dollars 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 title.
(2) Failure to repair or upgrade an underground tank system in accordance with this title.
(3) Abandonment or improper closure of any underground tank system subject to this title.
(4) Knowing failure to take reasonable and necessary steps to assure compliance with this title by the operator of an underground tank system.
(5) Violation of any applicable requirement of the permit issued for operation of the underground tank system.
(6) Violation of any applicable requirement of this title, or any regulation adopted by the board pursuant to Section 25299.3 of the California Health and Safety Code.
(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 title.
(d) Any person who intentionally fails to notify the State Water Resources Control Board or the city when required to do so by this title or who submits false information in a permit application, amendment, or renewal, is liable for a civil penalty of not more than five thousand dollars for each underground storage tank or storage facility for which notification is not given or false information is submitted.
(e) Any person who falsifies any monitoring records required by this title, or knowingly fails to report an unauthorized release, shall, upon conviction, be punished by a fine of not less than five thousand dollars or more than ten thousand dollars, by imprisonment in the county jail for not to exceed one year, or by both that fine and imprisonment.
(f) In determining both the civil and criminal penalties imposed pursuant to this section, the court shall consider all relevant circumstances, including, but not limited to, the extent of harm or potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the person who holds the permit.
(g) In any civil action brought pursuant hereto, in which the city prevails, the court shall determine and impose reasonable expenses, including attorneys' fees, incurred by the city in the investigation and prosecution of the action.
(h) Each civil penalty or criminal fine imposed pursuant to this section for any separate violation shall be separate, and in addition to, any other civil penalty or criminal fine imposed pursuant to this section or any other provision of law, and shall be paid to the treasury of the city.
(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)