Section 25299.78 Of Article 7. Cost Recovery, Enforcement, And Administration From California Health And Safety Code >> Division 20. >> Chapter 6.75. >> Article 7.
25299.78
. (a) To carry out the purposes of this chapter, any
authorized representative of the local agency, regional board, or
board shall have the authority specified in Section 25185, with
respect to any place where underground storage tanks are located, and
in Section 25185.5, with respect to any real property which is
within 2,000 feet of any place where underground storage tanks are
located.
(b) An owner or operator shall furnish, under penalty of perjury,
any information on fees imposed pursuant to Article 5 (commencing
with Section 25299.40), financial responsibility, unauthorized
releases, or corrective action as the local agency, regional board,
or board may require.
(c) A person who fails or refuses to furnish information under
subdivision (b) or furnishes false information to the fund is
subject, in accordance with the requirements of subdivision (d), to
civil liability of not more than ten thousand dollars ($10,000) for
each violation of this subdivision.
(d) (1) Except as provided in subdivision (2), a claimant shall
not be liable under subdivision (c) unless one of the following is
established by the court, if the action is brought pursuant to
subdivision (e), or the executive director, if the action is brought
pursuant to subdivision (f):
(A) The alleged violation is knowing, willful, or intentional.
(B) The claimant received a material economic benefit from the
action which caused the alleged violation.
(C) The alleged violation is chronic or that the claimant is a
recalcitrant violator, as determined pursuant to subdivision (g) of
Section 13399 of the Water Code.
(2) If a claimant is in violation of subdivision (c), but does not
meet any of the conditions specified in paragraph (1), the claimant
may be held liable only if the board or an authorized representative
of the board issues a notice to comply pursuant to Chapter 5.8
(commencing with Section 13399) of Division 7 of the Water Code
before an action is taken pursuant to subdivision (e) or (f).
(e) The Attorney General, upon request of the board, shall bring
an action in superior court to impose the civil liability specified
in subdivision (c).
(f) The executive director of the board may impose the civil
liability specified in subdivision (c) administratively in the same
manner as the executive director of the board is authorized to impose
civil liability pursuant to Article 2.5 (commencing with Section
13323) of Chapter 5 of Division 7 of the Water Code.
(g) In determining the amount of any civil liability imposed under
this section, the executive director of the board, or the court, as
the case may be, shall take into account the nature, circumstances,
extent, and gravity of the false statement or refusal or failure to
furnish information, the person's ability to pay, any prior history
by the person of misrepresentations to or noncooperation with the
board or local agency, any economic benefits or savings that resulted
or would have resulted from the false statement or refusal or
failure to furnish information, and other matters as justice may
require.
(h) Remedies under this section are in addition to, and do not
supersede or limit, any other civil, administrative, or criminal
remedies.
(i) All funds collected pursuant to this section shall be
deposited into the fund.