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(d) Any person who falsifies any monitoring records required by this chapter, or knowingly <br /> fails to report an unauthorized release, shall, upon conviction, be punished by a fine of not <br /> less 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 <br /> of time over which it occurred, the frequency of past violations, and the corrective action, <br /> if 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 or 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, <br /> operative Jan. 1, 1991.) <br /> 1ACL[ENTS\ARCO\MASTERS\UST Forms\MonitorxA.doc <br />