r
<br /> (5) Violation of any applicable requirement of this chapter of ny regulation adopted by
<br /> the board pursuant to Section 252993,
<br /> (7) Failure to permit inspection or to perform any monitoring,itesting, o[ reporting
<br /> required pursuant to Section 25288 or 25289.
<br /> (8) Making any false statement, representation, or certification in any a i plication, record,
<br /> or other document submitted or required to be maintained pursuant o this 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 appUcatto , amendment, or
<br /> renewal, pursuant to Section 25286, is liable for a civil penalty or of more thati five
<br /> thousand dollars($5,000) for each underground storage tank for which not" cation is not
<br /> given or false information is submitted.
<br /> (d) Any person who falsifies any monitoring records required by this hapten, oknowingly fails
<br /> to report an unauthorized release, shall, upon conviction, be punis ied by a fi e of
<br /> not less
<br /> than five thousand dollars($5,000)or more than ten thousand dol ars (S 1.3,Q00) by
<br /> imprisonment in the county jail for not to exceed one year, or by b th that f�c and
<br /> imprisonment.
<br /> (e) In determining both the civil and criminal penalties imposed pursuant to this action, the court
<br /> shall consider all relevant circumstances, including, but not limited to, the a ertt of harm or
<br /> potential harm caused by the violation, the nature of the violation and the pe 'od of time over
<br /> which it occurred, the frequency of past violations, and the corrective action if any, taken by
<br /> the person who holds the permit.
<br /> (� Each civil penalty or criminal fine imposed pursuant to this section for any s0arate violation
<br /> shall be separate, and in addition to, any other civil penalty or crim�+nal fine i'l posed pursuant
<br /> to this section or any other provision of law, and shall be paid to tit treasurys of the local
<br /> agency or state, whichever is represented by the office of the city attorney, d#strict attorney,
<br /> or Attcrney General bringing the action. ,41i penalties or fires collected on b half of the
<br /> board or a regional board by the Attorney General shalt' be deposited in the tate Water
<br /> Pollution Cleanup and Abatement Account in the State Water Qua ity Contrl Fund, and are
<br /> available for expenditure by the board, upon appropriation, pursua,it to Sects n 13441 of the
<br /> Water Code.
<br /> (g) This section shall become operative on January 1, 1991. (Added by Stats. 1 88, c. 296,
<br /> Sectiod3, operative Jan. 1, 199 1. Amended by Stats. 1989, c. 1 1397, Secti n 19, operative
<br /> Jan.1, 199 1.) 1
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