(a) Any operator of an underground storage tank shall be liable for a civil penalty or not less than Five Hundred and no/100ths ($500.00) Dollars or more than Five Thousand and no/100ths ($5,000.00) Dollars per day for any of the following:
(1) Operating an underground storage tank which has not been issued a permit;
(2) Failure to monitor the underground storage tank as required by the permit;
(3) Failure to maintain records as required by this chapter;
(4) Failure to report an unauthorized release as required by Section 6-11.14 of this chapter; or
(5) Failure to properly close an underground storage tank as required by Section 6-11.12.8 of this chapter.
(b) Any owner of an underground storage tank shall be liable for a civil penalty of not less than Five Hundred and no/100ths ($500.00) Dollars or more than Five Thousand and no/100ths ($5,000.00) Dollars per day for any of the following:
(1) Failure to obtain a permit as specified by this chapter;
(2) Failure to repair an underground tank in accordance with the provisions of this chapter;
(3) The abandonment or improper closure of any underground tank subject to the provisions of this chapter; or
(4) Knowingly fails to take reasonable and necessary steps to assure compliance with this chapter by the operator of an underground tank.
(c) Any person who falsifies any monitoring records required by this chapter, or knowingly fails to report an unauthorized release, upon conviction, shall be punished by a fine of not less than Five Thousand and no/100ths ($5,000.00) Dollars or more than Ten Thousand and no/100ths ($10,000.00) Dollars, or by imprisonment in the County Jail for not to exceed one year, or by both such fine and imprisonment.
(d) 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.
(e) The penalties under this section shall be in addition to, and shall not supersede or limit, any and all other legal remedies and penalties, civil or criminal, which may be applicable under other laws. (§ 12, Ord. 1036, eff. July 10, 1986)