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06/09/1939 15:07 7146735420 EEE ARCO L:: PSLM PAEF 06 <br />(5) Violation of any applicable requirement of the permit issued for operation of the <br />underground tank system. <br />(6) Violation of any applicable requirement of this chapter of any regulation adopted by <br />the board pursuant to Section 25299.3. <br />(7) Failure to permit inspection or to perform any monitoring, testing, or reporting <br />required pursuant to Section 25288 or 25289. <br />(8) Making any false statement, representation, or certification in any application, <br />record, or other document submitted or required to be maintained pursuant to this <br />chapter. <br />(c) Any person who intentionally fails to notify the board or the local agency when required to <br />do so by this chapter or who submits false information in a permit application, amendment, <br />or renewal, pursuant to Section 25286, is liable for a civil penalty or not more than five <br />thousand dollars ($5,000) for each underground storage tank for which notification is not <br />given or false information is submitted. <br />(d) Any person who falsifies any monitoring records required by this chapter, or knowingly fails <br />to report an unauthorized release, shall, upon conviction, be punished by a fine of not less <br />than five thousand dollars ($5,000) or more than ten thousand dollars ($10,000) by <br />imprisonment in the county jail for not to exceed one year, or by both that fine and <br />imprisonment. <br />(e) In determining both the civil and criminal penalties imposed pursuant to this section, the <br />court shall consider all relevant circumstances, including, but not limited to, the extent of <br />harm or potential harm caused by the violation, the nature of the violation and the period of <br />time over which it occurred, the frequency of past violations, and the corrective action, if <br />any, taken by the person who holds the permit. <br />(t) Each civil penalty or criminal fine imposed pursuant to this section for any separate <br />violation shall be separate, and in addition to, any other civil penalty or criminal fine <br />imposed pursuara to this section or any other provision of law, and shall be paid to the <br />treasury of the local agency or state, whichever is represented by the office of the city <br />attorney, district attorney, or Attorney General bringing the action. All penalties or fines <br />collected on behalf of the board cr a regional board by the Attorney General shall be <br />deposited in the State Water Pollution Cleanup and Abatement Account in the State Water <br />Quality Control Fund, and are available for expenditure by the board, upon appropriation. <br />pursuant to Section 13441 of the Water Code. <br />(g) This section shall become operative on January, 1, 1991. (Added by Stats. 1988, c. 296, <br />Section 3, operative Jan. 1, 1991. Amended by Stats. 1989; c. 11397, Section 19, operative <br />Jan.l, 1991.) <br />