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a ,
<br /> (6) Violation of any applicable requirement of this chapter of any regulation adopted by the Board
<br /> pursuant to Section 25299.3.
<br /> (7) Failure to permit inspection or to perform any monitoring, testing, or reporting required pursuant
<br /> to Section 25288 or 25289.
<br /> (8) Making any false statement, representation, or certification in any application, record, report, or
<br /> other document submitted or required to be maintained pursuant to this chapter.
<br /> (c) Any person who intentionally fails to notify the Board or the local agency when required to do so by
<br /> this chapter or who submits false information in a permit application, amendment, or renewal,
<br /> pursuant to Section 25286, is liable for a civil penalty or not more than five thousand dollars ($5,000)
<br /> for each underground storage tank for which notification is not given or false information is submitted.
<br /> (d) Any person who falsifies any monitoring records required by this chapter, or knowingly fails to report
<br /> an unauthorized release, shall, upon conviction, be punished by a fine of not less than five thousand
<br /> dollars ($5,000) or more than ten thousand dollars ($10,000)by imprisonment in the county jail for not
<br /> to exceed one year, or by both that fine and imprisonment.
<br /> (e) In determining both the civil and criminal penalties imposed pursuant to this section, the court shall
<br /> consider all relevant circumstances, including, but not limited to, the extent of harm or potential harm
<br /> caused by the violation, the nature of the violation and the period of time over which it occurred, the
<br /> frequency of past violations, and the corrective action, if any, taken by the person who holds the
<br /> permit.
<br /> (f) Each civil penalty or criminal fine imposed pursuant to this section for any separate violation shall be
<br /> separate, and in addition to, any other civil penalty or criminal fine imposed pursuant to this section or
<br /> any other provision of law, and shall be paid to the treasury of the local agency or state, whichever is
<br /> represented by the office of the city attorney, district attorney, or Attorney General bringing the
<br /> action. All penalties or fines collected on behalf of the Board or a regional board by the Attorney
<br /> General shall be deposited in the State Water Pollution Cleanup and Abatement Account in the State
<br /> Water 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 Section 3,.
<br /> operative Jan. 1, 1991. Amended by Stats, 1989, c. 11397, Section 19, operative Jan. 1, 1991.)
<br /> -7- 5951.006[Al/ps]
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