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(c) Any person who intentionally fails to notify the board or the local agency when required to do so by this chapter or who
<br />submits false information in a permit application, amendment, or renewal, pursuant to Section 25286, is liable for a civil
<br />penalty of not more than five thousand dollars ($5,000) for each underground storage tank for which notification is not given
<br />or false information is submitted.
<br />(d) (1) Any person who violates any corrective action requirement established by, or issued pursuant to, Section 25296.10 is
<br />liable for a civil penalty of not more than ten thousand dollars ($10,000) for each underground storage tank for each day of
<br />violation.
<br />(2) A civil penalty under this subdivision may be imposed in a civil action under this chapter, or may be administratively
<br />imposed by the board or a regional board pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 of Division 7
<br />of the Water Code.
<br />(e) Any person who violates Section 25292.3 is liable for a civil penalty of notmorethan five thousand dollars ($5,000) for
<br />each underground storage tank for each day of violation.
<br />(f) (1) Any person who falsifies any monitoring records required by this chapter, or knowingly fails to report an unauthorized
<br />release, shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000) or more than ten thousand
<br />dollars ($10,000), by imprisonment in the county jail for not to exceed one year, or by both that fine and imprisonment.
<br />(2) Any person who intentionally disables or tampers with an automatic leak detection system in a manner that would prevent
<br />the automatic leak detection system from detecting a leak or alerting the owner or operator of the leak, shall, upon conviction,
<br />be punished by a fine of not less than five thousand dollars ($5,000) or more than ten thousand dollars ($10,000), by
<br />imprisonment in the county jail for not more than one year, or by both the fine and imprisonment.
<br />(g) In determining both the civil and criminal penalties imposed pursuant to this section, the board, a regional board or the
<br />court, as the case may be, shall consider all relevant circumstances, including, but not limited to, the extent of harm or
<br />potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, the frequency
<br />of past violations, and the corrective action, if any, taken by the person who holds the permit.
<br />(h) (1) Each civil penalty or criminal fine imposed pursuant to this section for any separate violation shall be separate, and in
<br />addition to, any other civil penalty or criminal fine imposed pursuant to this section or any other provision of law, except that
<br />no civil penalty shall be recovered under subdivision (d) for violations for which a civil penalty is recovered pursuant to
<br />Section 13268 or 13350 of the Water Code. The penalty or fine shall be paid to the unified program agency, the participating
<br />agency, or the state, whichever is represented by the office of the city attorney, district attorney, or Attorney General bringing
<br />the action.
<br />(2) Any penalties or fines paid to a uniform program agency or a participating agency pursuant to paragraph (1) shall be
<br />deposited into a special account and shall be expended only to fund the activities of the unified program agency or
<br />participating agency in enforcing this chapter within that jurisdiction pursuant, to the uniform program specified in Chapter
<br />6.11 (commencing with Section 25404).
<br />(3) All penalties or fines collected by the board or a regional board or collected on behalf of the board or a regional board by
<br />the Attorney General shall be 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, pursuant to Section 13441 of the
<br />Water Code.
<br />(i) Paragraph (9) of subdivision (a) does not prohibit the owner or operator of an underground storage tank, or his or her
<br />designee, from maintaining, repairing, or replacing automatic leak detection devices or alarms associated with that tank.
<br />Shell Oil Products US
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