Section 25270.12 Of Chapter 6.67. Aboveground Storage Of Petroleum From California Health And Safety Code >> Division 20. >> Chapter 6.67.
25270.12
. (a) Any owner or operator of a tank facility who fails to
prepare a spill prevention control and countermeasure plan in
compliance with subdivision (a) of Section 25270.4.5, to file a tank
facility statement pursuant to subdivision (a) of Section 25270.6, to
submit the fee required by subdivision (b) of Section 25270.6, or to
report spills as required by Section 25270.8, or who otherwise fails
to comply with the requirements of this chapter, is subject to a
civil penalty of not more than five thousand dollars ($5,000) for
each day on which the violation continues. If the owner or operator
commits a second or subsequent violation, a civil penalty of not more
than ten thousand dollars ($10,000) for each day on which the
violation continues may be imposed.
(b) (1) The civil penalties provided by this section may be
assessed and recovered in a civil action brought by the city attorney
or district attorney on behalf of the UPA.
(2) Fifty percent of all penalties assessed and recovered in a
civil action brought on behalf of a UPA pursuant to this subdivision
shall be deposited into a unified program account established by the
UPA for the purpose of carrying out the functions of the unified
program and 50 percent shall be paid to the office of the city
attorney or district attorney, whoever brought that action.
(c) (1) The civil penalties provided in this section may be
assessed and recovered in a civil action brought by the Attorney
General on behalf of the office, the board, or a regional board, or
on behalf of the people of the State of California.
(2) All penalties assessed and recovered in a civil action brought
pursuant to this subdivision shall be deposited in the Waste
Discharge Permit Fund created pursuant to Section 13260 of the Water
Code. These moneys shall be separately accounted for, and shall be
expended by the board, upon appropriation by the Legislature, to
assist regional boards and other public agencies with authority to
clean up waste or abate the effects of the waste, in cleaning up or
abating the effects of the waste on waters of the state, or for the
same purposes for which the State Water Pollution Cleanup and
Abatement Account may be expended pursuant to Section 13443 of the
Water Code.
(d) The city attorney, district attorney, or the Attorney General
may seek to enjoin, in any court of competent jurisdiction, any
person believed to be in violation of this chapter.
(e) The penalties specified in this section are in addition to any
other penalties provided by law.