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a) Investigation (work without a permit). Whenever an underground storage tank system is installed, modified, removed or destroyed without first obtaining the required permit, a special investigation shall be made before a permit may be issued for such work.
b) Fee. Investigation Fee (work without a permit). An investigation fee, in addition to the permit fee, shall be submitted by the person required to have the permit to the Director whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code or State law nor from any penalty prescribed by law.
c) Unauthorized Release. Whenever there is an unauthorized release of a hazardous substance from an underground storage tank system, the tank owner, tank operator, and/or property owner shall, as required by the Director, determine the extent of contamination, assess the risk to public health and the environment, and develop and implement remedial action programs to comply with provisions of this code and State laws.
d) Investigation Fee (unauthorized release). The person responsible for an unauthorized release shall submit fee to the Department for the staff time expended for consultation, investigation and remediation. The fee shall be paid at the rate specified in Section 65.107 of the County Code of Regulatory Ordinances.
e) Investigation Fees--Penalty for Delinquency. All investigation fees are due 30 days from the date of billing. The investigation fee, if unpaid, is thirty days delinquent thirty days after the date of billing. Thereafter a penalty shall be added thereto, which shall be collected at the time the fee is paid. Penalties are specified in Section 65.105 of the County Code of Regulatory Ordinances.
(Added by Ord. No. 7023 (N.S.), effective 10-10-85; amended by Ord. No. 7301 (N.S.), effective 6-11-87; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Applicants who are delinquent in filing the application and obtaining the required permit to operate or paying the annual fee shall be subject to payment of the original fee plus late fees. Delinquent fees will be specified in Section 65.105 of the County Code of Regulatory Ordinances. Failure to pay the annual fee shall automatically revoke the permit to operate. The imposition of or payment of the penalty imposed by this section shall not prevent the imposition of any other penalty prescribed by this Code or any ordinance or prosecution for violation of this Code or any ordinance.
(Amended by Ord. No. 7023 (N.S.), effective 10-10-85; amended by Ord. No. 7301 (N.S.), effective 6-11-87; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
It shall be unlawful for any person to violate any provision of this Chapter and such violations shall include violations of Chapter 6.7 and 6.75 of Division 20 of the California Health and Safety Code. Such violation shall be a misdemeanor and shall be subject to any of the penalties set forth in Section 68.1012.
(a) Each and every day a violation of this Chapter continues shall constitute a separate offense. The person committing or permitting such offenses may be charged with a separate offense for each violation and punished accordingly.
(Amended by Ord. No. 7301 (N.S.), effective 6-11-87; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
In addition to penalties provided in State law, the following criminal, civil and administrative civil penalties apply to violations of this Chapter.
(a) Penalty for Misdemeanor. Unless otherwise specified by this Chapter, a misdemeanor is punishable by a fine not exceeding one thousand dollars ($1000), imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.
(b) Administrative Civil Penalties. In addition to any other remedies provided by County Code or state law, any person who violates any provision of this Chapter, including the state laws and regulations incorporated in this Chapter, shall be liable for an administrative civil penalty to be imposed by the Director. The amount of the penalty shall not be more than five thousand dollars ($5000) for each day of violation. Any person who knowingly violates any provision of this Chapter, after reasonable notice of the violation, is liable for an administrative civil penalty of not more than ten thousand dollars ($10,000) for each day of violation. Where the violation would otherwise be an infraction, the amount of the administrative civil penalty shall not exceed the maximum fine or penalty amounts of infractions set forth in subsection (b) above.
(c) Penalty Factors. In determining the civil, criminal and administrative civil penalties imposed pursuant to this Chapter, all relevant circumstances shall be considered, 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, if any, taken by the violator.
(d) Separate Remedies. Each civil, criminal or administrative civil penalty imposed pursuant to this Chapter for any separate violation shall be separate, and in addition to, any other provision of law and does not supersede or limit any and all other legal remedies and penalties, civil, administrative or criminal which may be applicable under other laws.
(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) Notice of Penalty and Opportunity for Hearing. Notice of any administrative civil penalty shall set forth the alleged acts or failures to act that constitute a basis for liability and the amount of the proposed administrative civil penalty. The notice of administrative civil penalty shall be served by personal service or certified mail and shall inform the party so served that the administrative civil penalty imposed shall be administratively reviewed by the Hearing Authority before it is enforced if a request for hearing is timely filed. The notice shall also specify the procedure for requesting a hearing before the Hearing Authority.
(b) Administrative Review. If a party desires administrative review of the administrative civil penalty imposed by the Director, it shall request a hearing by timely filing a written request pursuant to the provisions of Section 68.1017 of this Chapter. A hearing shall be conducted by the Hearing Authority pursuant to Section 68.1017 of this Chapter unless the party has waived the right to a hearing or has entered into a settlement agreement with the Director. A party waives the right to a hearing by so stating in writing or by failure to file with the Director a written request for hearing within fifteen (15) days after service of the notice of opportunity for hearing.
(c) Effective Date. Where the party has waived the right to a hearing or where the party has entered into a settlement agreement, the administrative civil penalty shall not be subject to review by any court, the Hearing Authority or any other agency and shall be effective 15 days after notice of the penalty is served. Where a hearing has been held, the penalty shall be effective 20 days after the decision of the Hearing Authority becomes final.
(d) Judicial Review. The manner of contesting the final order of the Hearing Authority concerning any administrative civil penalty is governed by Government Code Section 53069.4, or any successor provision thereto. Service of the notice of appeal authorized by Government Code Section 53069.4 upon the County of San Diego shall be by service upon the Clerk of the Board of Supervisors.
(e) Collection. Payment of the penalty shall be made within 30 days from when the penalty became effective. In addition to all remedies herein contained, the County of San Diego may pursue all reasonable and legal means in collecting administrative civil penalties.
(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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 Office of the County Counsel or District Attorney for San Diego County may apply to any court of competent jurisdiction for an order enjoining those acts or practices, or for an order directing compliance.
(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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