A. It is unlawful and an infraction for any operator of an underground storage tank to do any of the following:
1. Operate an underground storage tank which has not been issued a permit;
2. Fail to monitor the underground storage tank, as required by the permit;
3. Fail to maintain records, as required by this chapter;
4. Fail to properly close an underground storage tank, as required by Section 8.92.080 of this chapter.
B. It is unlawful and an infraction for any owner of an underground storage tank to do any of the following:
1. Fail to obtain a permit as specified by this chapter;
2. Fail to repair an underground tank in accordance with the provisions of this chapter;
3. Abandon or improperly close any underground storage tank subject to the provisions of this chapter;
4. Knowingly fail to take reasonable and necessary steps to assure compliance with this chapter by the operator of an underground tank.
C. It is unlawful and a misdemeanor for any person to falsify any monitoring records required by this chapter, or knowingly fail to report an unauthorized release, and shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000.00) or more than ten thousand dollars ($10,000.00), or by imprisonment in the county jail for not to exceed one year, or by both that fine and imprisonment.
D. It is unlawful and an infraction for any contractor who removes, repairs, installs or monitors any underground storage tank to do any of the following:
1. Fail to produce a copy of the permit to operate, remove or install an underground storage tank, upon a demand for production by the permitting authority or its designee, or a law enforcement officer;
2. Remove, repair, install or monitor an underground storage tank for which a permit to operate, remove or install has not been previously issued.
E. 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.
F. Penalties under this section are in addition to, and do not supersede or limit, any and all other legal remedies and penalties, civil or criminal, which may be applicable under other laws.
G. When any person has engaged in, is engaged in, or is about to engage in any acts or practices which violate this chapter, or any resolution, rule, or regulation adopted pursuant to this chapter, the city attorney of the city in which the acts or practices occur, occurred, or will occur, the district attorney of the county in which the acts or practices occur, occurred, or will occur, or the attorney general may apply to the superior court for any order enjoining these acts or practices, or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order. (Prior code § 16.01.130)