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06/09/1339 15:7' 7146?05420 FHS ARCO L^, PALPA' PACE 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 pmform any monitoring,testing, or reporting <br /> required pursuant to Section 25288 or 25289. <br /> (8) Making any false statement,representation, or certification in axav 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 infoaznation in a pertrlit application, amendment, <br /> or rertewal, pursuant to Section 2.5286, 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 fame information is submitted. <br /> (d) Any person who falsifies any monitoring records required by this chapter, or knowingly fails <br /> to report an unautborized 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 relevar�,t circumstances, including,but not limited to,the extezit of <br /> harm or potential harm caused by the violation.the nature of the violation and die 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 /> (f) 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 pursuant 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 c.r 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 approprIati.on, <br /> pursuant to Section 13441 of the Water Code. <br /> (g) This section shall become operative on January 1, 1991. (Added by Stets. 1988, C. 296, <br /> Section 3, operative Jan. 1, 1991. Amended by Stats. 1989; e. 11397, Section 19, operative <br /> Jan.1, 1991.) <br />