(a) Any operator of an underground storage tank shall be liable for a civil penalty of not less than five hundred dollars or more than five thousand dollars per day for any of the following:
(1) Operates an underground storage tank which has not been issued a permit.
(2) Fails to monitor the underground storage tank, as required by the permit.
(3) Fails to maintain records, as required by section 13.33.
(4) Fails to report an unauthorized release, as required by sections 13.41 and 13.42.
(5) Fails to properly close an underground storage tank, as required by section 13-44.
(b) Any owner of an underground storage tank shall be liable for a civil penalty of not less than five hundred dollars or more than five thousand dollars per day for any of the following:
(1) Failure to obtain a permit as specified by this article.
(2) Failure to repair an underground tank in accordance with the provisions of this article.
(3) Abandonment or improper closure of any underground tank subject to the provisions of this article.
(4) Knowing failure to take reasonable and necessary steps to assure compliance with this article by the operator of an underground tank.
(c) Any person who falsifies any monitoring records required by this article, or knowingly fails to report an unauthorized release, shall, upon conviction, be punished by a fine of not less than five thousand dollars or more than ten thousand dollars, or by imprisonment in the county jail for not to exceed one year, or by both that fine and imprisonment.
(d) In determining both the civil and criminal penalties imposed pursuant to this section, the court shall consider all relevant circumstances, including, but not limited to, the extent of harm or potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the person who holds the permit.
(e) Penalties under this section are in addition to, and do not supersede or limit, any and all other legal remedies and penalties, civil or criminal, which may be applicable under other laws.
(Ord. No. 944, § 3.)
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