Section 25299.76 Of Article 7. Cost Recovery, Enforcement, And Administration From California Health And Safety Code >> Division 20. >> Chapter 6.75. >> Article 7.
25299.76
. (a) Any person who violates any requirement of Article 3
(commencing with Section 25299.30) or Article 4 (commencing with
Section 25299.36) is liable for a civil penalty of not more than ten
thousand dollars ($10,000) for each underground storage tank for each
day of violation.
(b) The state or a local agency may bring an action in superior
court to impose the civil penalty specified in subdivision (a).
(c) The board or a regional board may impose the civil penalty
specified in subdivision (a) pursuant to Article 2.5 (commencing with
Section 13323) of Chapter 5 of Division 7 of the Water Code.
(d) In determining the amount of any liability imposed under this
section, the superior court, the board, or the regional board shall
take into account the nature, circumstances, extent, and gravity of
the violation, and, with respect to the violator, the ability to pay,
any prior history of violations, the degree of culpability, the
economic benefits or savings, if any, resulting from the violations,
and other matters as justice may require.
(e) Remedies under this section are in addition to, and do not
supersede or limit, any other civil or criminal remedies, except that
no civil penalties shall be recovered under this section for
violations for which a civil penalty is recovered pursuant to Section
13268 or 13350 of the Water Code.