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<br />531• MISCELLANEOUS PROVISIONS
<br />Ings conducted pursuant to this subdivision. In an proceedings
<br />pursuant.to this subdivision, the court shall uphold the decision
<br />of the administering agency if the decision is based upon
<br />substantial evidence in the whole record. The filing of a petition
<br />for writ of mandate shall not stay any accrual of any penalties
<br />assessed pursuant to this chapter. This subdivision does not
<br />prohibit the court from granting any appropriate relief within its
<br />jurisdiction.
<br />(e) This section applies only to an administering agency -which
<br />has adopted a written policy to carry out this section. (Added by
<br />Stats.1990, c. 1662 (S.B.2263), § 7.)
<br />§ 25515. Fines and imprisonment
<br />Any person or business who violates Section 25507 shall, upon
<br />conviction, be punished by a fine of not more than twenty-five
<br />thousand dollars ($25,000) for each day of violation, or by
<br />imprisonment in the county jail for not more than one year, or by
<br />both the fine and imprisonment. If the conviction is for a
<br />violation committed after a first conviction under this section,
<br />the person shall be punished by a fine of not less than two
<br />thousand dollars ($2,000) or more than fifty thousand dollars
<br />_ ($50,000) per day of violation, or by imprisonment in the state
<br />prison for 16, 20, or 24 months or in the county jail for not more
<br />than one year, or by both the fine and imprisonment. Further-
<br />more, if the violation results in, or significantly contributes to, an
<br />emergency, including a fire, to which the county or city is
<br />S required to respond, the person shall also be assessed the full
<br />cost of the county or city emergency response, as well as the cost
<br />of cleaning up and disposing of the hazardous materials. (Added
<br />by Stats.1985, c. 1167, § 1.)
<br />§ 255151. Interference with enforcement; misdemeanor
<br />Any person who willfully prevents, interferes with, or attempts
<br />to impede the enforcement of this chapter by any authorized
<br />representative of an administering agency is, upon conviction,
<br />guilty of a misdemeanor. (Added by Stats. 1986, c. 463, § 20, eff.
<br />July 23, 1986.)
<br />§ 25515.2. Criminal and civil penalties; apportionment; Haz.
<br />ardous Materials Enforcement and Training Account; re-
<br />wards
<br />(a) All criminal penalties collected pursuant to this chapter
<br />shall be apportioned in the following manner:
<br />(1) Fifty percent shall be paid to the office of the city attorney,
<br />district attorney, or Attorney General, whichever office brought
<br />the action.
<br />(2) Fifty percent shall be paid to the agency which is
<br />responsible for the investigation of the action.
<br />(b) All civil penalties collected pursuant to this chapter shall
<br />be apportioned in the following manner:
<br />(1) Fifty percent shall be paid to the office of the city attorney,
<br />district attorney, or Attorney General, whichever office brought
<br />the action.
<br />(2) Fifty percent shall be paid to the agency responsible for
<br />the investigation of the action.
<br />(c) In all civil and criminal actions in which a penalty is
<br />imposed, the amount of two hundred dollars ($200) shall be
<br />deducted from the amount of the civil or criminal penalty before
<br />the amount is apportioned pursuant to subdivision (a) or (b).
<br />This two hundred dollars ($200) shall be deposited in the
<br />Hazardous Materials Enforcement and Training Account, which
<br />shall. be available for expenditure pursuant to Title 13 (com-
<br />mencing with Section 14300) of Part 4 of the Penal Code.
<br />(d) If a reward is paid to a person pursuant to Section 25517,
<br />the amount of the reward shafl.be deducted from the amount of
<br />the criminal or civil penalty before the amount is apportioned
<br />§ 25517
<br />pursuant to subdivisions (a), (b), and (e). (Added by Stats.1986,
<br />c. 463, § 21, eff. July 23, 1986 Amended by Stats.1992, c. 743
<br />(A.B.2280), § 2.)
<br />§ 25516. Injunctions, restraining orders, and other appropri-
<br />ate orders
<br />When the administering agency determines that a business has
<br />engaged in, is engaged in, or is about to engage in any acts or
<br />practices which constitute or will constitute a violation of this
<br />chapter or any regulation or order promulgated thereunder, and
<br />when requested by the administering agency, the city attorney of
<br />the city or the district attorney of the county in which those acts
<br />or practices have occurred, are occurring, or will occur shall
<br />make application to the superior court for an order enjoining the
<br />acts or practices or for an order directing compliance, and, upon
<br />a showing that the person or business has engaged in, is engaged
<br />in, or about to engage in the acts or practices, a permanent or
<br />temporary injunction, restraining order, or other appropriate
<br />order may be granted. This section does not probibit a city
<br />attorney or district attorney from seeking the same relief upon
<br />the city attorney's or district attorney's own motion. (Added by
<br />Stats.1985, c. 1167, § 1.)
<br />§ 25516.1. Civil actions
<br />.Every civil action brought under this chapter shall be brought
<br />by the city attorney, district attorney, or Attorney General in the
<br />name of the people of the State of California, and any actions
<br />relating to the same violation may be joined or consolidated.
<br />(Added by Stau.1986, c. 463, § 2Z eff. July 23, 1986.)
<br />§ 25516.2. Temporary restraining orders or injunctions
<br />(a) In any civil action brought pursuant to this chapter in
<br />which a temporary restraining order, preliminary injunction, or
<br />permanent injunction is sought, it is not necessary to allege or
<br />prove at any stage of the proceeding any of the following:
<br />(1) Irreparable damage will occur should the temporary
<br />restraining order, preliminary injunction, or permanent injunc-
<br />tion not be issued.
<br />(2) The remedy at law is inadequate.
<br />(b) The court shall issue a temporary restraining order,
<br />preliminary injunction, or permanent injunction in a civil action
<br />brought pursuant to this chapter without the allegations and
<br />without the proof specified in subdivision (a). (Added by
<br />Stats.1986, c. 463, § 23, eff. July 23, 1986.)
<br />§ 25517. Rewards; persons. providing information
<br />(a) Any person who provides information which materially
<br />contributes to the imposition of a civil penalty, whether by
<br />settlement or court order, under Section 25514, as determined by
<br />the city attorney, district attorney, or, the Attorney General filing
<br />the action, shall be paid a reward by the administering agency or
<br />the state equal to 10 percent of the amount of the civil penalty
<br />collected. The reward shall be paid from the amount of the civil
<br />penalty collected. No reward paid pursuant to this subdivision
<br />shall exceed five thousand dollars ($5,000).
<br />(b) Any person who provides information which materially
<br />contributes to the conviction of a person or business under
<br />Section 25515, as determined by the city attorney, district
<br />attorney, or the Attorney General filing the action, shall be paid
<br />a reward by the administering agency or the state equal to 10
<br />percent of the amount of the fine collected. The reward shall be
<br />paid from the amount of the fine collected. No reward paid
<br />pursuant to this subdivision shall.exceed five thousand dollars
<br />(S5,000).
<br />(c) No informant shall be eligible for a reward for a violation
<br />known to the administering agency, unless the information
<br />
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