Chapter 6.22 — UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES

State Law reference— Underground storage of hazardous substances, Health and Safety Code § 25280 et seq.; on and after July 1, 2013, only a city certified by the state water resources control board may implement a local oversight program for the abatement of unauthorized releases of hazardous substances from underground storage tanks, Health and Safety Code § 25297.01.

The definitions set forth in Health and Safety Code § 25281 (Underground Storage of Hazardous Substances—Definitions), as amended, shall be effective as definitions of the words, terms and phrases used in this chapter. All words, terms and phrases used herein, other than those specifically defined elsewhere in this chapter, shall have the respective meanings ascribed to them in Health and Safety Code § 25281, as amended, and shall have the same scope and effect that the same words, terms and phrases have where used in Health and Safety Code § 25281, as amended.

(Code 1969, § 6.22.010; Ord. No. 528, § 1(part), 1983)

(a)

Permit for operation.

(1)

Except as provided in subsection (b) of this section, no person may own or operate an underground storage tank unless a permit for its operation has been issued by the local agency to the owner.

(2)

If the operator is not the owner of the tank, or if the permit is issued to a person other than the owner or operator of the tank, the permittee shall ensure that both the owner and the operator of the tank are provided with a copy of the permit.

(3)

If the permit is issued to a person other than the operator of the tank, that person shall do all of the following:

a.

Enter into a written agreement with the operator of the tank to monitor the tank system as set forth in the permit.

b.

Provide the operator with a copy or summary of Health and Safety Code § 25299, in the form that the board specifies by regulation.

c.

Notify the local agency of any change of operator.

(b)

Each local agency shall prepare a form which provides for the acceptance of the obligations of a transferred permit by any person who is to assume the ownership of an underground storage tank from the previous owner and is to be transferred the permit to operate the tank. That person shall complete the form accepting the obligations of the permit and submit the completed form to the local agency within 30 days from the date that the ownership of the underground storage tanks is to be transferred. The local agency may review and modify, or terminate, the transfer of the permit to operate the underground storage tank, pursuant to the criteria specified in section 6.22.090(3) upon receiving the completed form.

(c)

Any person assuming ownership of an underground storage tank used for the storage of hazardous substances for which a valid operating permit has been issued shall have 30 days from the date of assumption of ownership to apply for an operating permit pursuant to section 6.22.030, or, if accepting a transferred permit, shall submit to the local agency the completed form accepting the obligations of the transferred permit, as specified in subsection (b) of this section. During the period from the date of application until the permit is issued or refused, the person shall not be held to be in violation of this section.

(d)

A permit issued pursuant to this section shall apply and require compliance with all applicable regulations adopted by the board pursuant to Health and Safety Code § 25299.3.

(Code 1969, § 6.22.020; Ord. No. 528, § 1(part), 1983)

(a)

An application for a permit to operate an underground storage tank, or for renewal of the permit, shall be made, by the owner or operator of the tank, on a standardized form provided by the local agency and shall be accompanied by the appropriate fee, as specified in section 6.22.040. The department shall provide the board with a copy of the completed application.

(b)

The application form shall include, but not be limited to, requests for the following information:

(1)

A description of the age, size, type, location, uses, and construction of the underground storage tanks.

(2)

A list of all the hazardous substances which are or will be stored in the underground storage tanks, specifying the hazardous substances for each underground storage tank.

(3)

A description of the monitoring program for the underground storage tank or tank system.

(4)

The name and address of the person, firm or corporation which owns the underground storage tank or tank system, and, if different, the name and address of the person who operates the underground storage tank or tank system.

(5)

The address of the facility at which the underground storage tank or tank system is located.

(6)

The name of the person making the application.

(7)

The name and 24-hour phone number of the contact person in the event of an emergency involving the facility.

(8)

If the owner or operator of the underground storage tank is a public agency, the application shall include the name of the supervisor of the division, section or office which owns or operates the tank.

(9)

The state board of equalization registration number issued to the owner of the tank pursuant to Revenue and Taxation Code § 50108.1.

(c)

As a condition of any permit to operate an underground storage tank, the permittee shall notify the local agency, within the period determined by the local agency, of any changes in the usage of any underground storage tanks, including the storage of new hazardous substances, changes in monitoring procedures, and if there has been any unauthorized release occurrence, as defined in sections 6.22.110 and 6.22.120.

(d)

If a permittee stores in an underground storage tank a hazardous substance which is not listed in the application, as required by subsection (b)(2) of this section, the permittee shall apply for a new or amended permit within 30 days after commencing the storage of that hazardous substance.

(Code 1969, § 6.22.030; Ord. No. 528, § 1(part), 1983)

(a)

A fee shall be paid to the local agency by each person who submits an application for a permit to operate an underground storage tank or to renew or amend a permit. The governing body of the county, or a city which assumes enforcement jurisdiction of the provisions of this chapter, shall establish the amount of the fees at a level sufficient to pay the necessary and reasonable costs incurred by the local agency in administering this chapter, including, but not limited to, permitting and inspection responsibilities. The governing body may provide for the waiver of fees when a public agency makes an application for a permit to operate or an application to renew a permit.

(b)

This fee shall include a surcharge, the amount of which shall be determined by the state legislature annually to cover the costs of the board in carrying out its responsibilities under this chapter and the costs of the local agency in collecting the surcharges. The local agency may retain six percent of any surcharge collected for costs incurred in its collection.

(c)

A local agency may waive the fee required by subsection (a) of this section for an underground storage tank which has a capacity of 5,000 gallons or less, which is located on a farm, and which contains motor vehicle or heating fuel used primarily for agricultural purposes, if the local agency finds that the fee will impose undue economic hardship upon the person applying for the permit. However, the local agency shall not waive the surcharge required under subsection (b) of this section.

(Code 1969, § 6.22.040; Ord. No. 528, § 1(part), 1983)

(a)

The local agency shall inspect every underground storage tank within its jurisdiction at least once every year. The purpose of the inspection is to determine whether the tank complies with the applicable requirements of Health and Safety Code § 25280 et seq., and the regulations adopted by the board pursuant to state law, including the design and construction standards of sections 6.22.080 and 6.22.090, whichever is applicable, whether the owner or operator has monitored and tested the tank as required by the permit, and whether the tank is in a safe operating condition. After an inspection, the department shall prepare a compliance report detailing the inspection and shall send a copy of this report to the permit holder.

(b)

After an inspection conducted pursuant to subsection (a) of this section, the local agency shall prepare a compliance report detailing the inspection and shall send a copy of this report to the permit holder and the owner or operator, if the owner or operator is not the permit holder. Any report prepared pursuant to this section shall be consolidated into any other inspection reports required pursuant to Health and Safety Code, chapter 8.11 (commencing with section 25404), the requirements listed in Health and Safety Code § 25404(c), and the regulations adopted to implement the requirements listed in Health and Safety Code § 25404(c).

(c)

In addition to, or instead of, the inspections specified in subsection (a) of this section, the local agency may require the permit holder to employ, periodically, special inspectors to conduct the annual inspection. The local agency shall supply the permit holder with a list of at least three special inspectors that are qualified to conduct the inspection. The permit holder shall employ a special inspector from the list provided by the local agency. The special inspector's authority shall be the same as that of the local agency as set forth in subsection (a) of this section.

(d)

Within 60 days after receiving a compliance report or special inspection report prepared in accordance with subsection (b) or (c) of this section, respectively, the permit holder shall file with the local agency a plan to implement all recommendations contained in the compliance report or shall demonstrate, to the satisfaction of the local agency, why these recommendations should not be implemented. Any corrective action conducted pursuant to the recommendations in the report shall be taken pursuant to Health and Safety Code §§ 25296.10 and 25299.36.

(Code 1969, § 6.22.050; Ord. No. 528, § 1(part), 1983)

In order to carry out the purposes of this chapter, any duly authorized representative of the department, the board, or the local agency, has the authority specified in Health and Safety Code § 25185, with respect to any place where underground storage tanks are located, and in Health and Safety Code § 25185.5, with respect to real property which is within 2,000 feet of any place where underground storage tanks are located.

(Code 1969, § 6.22.060; Ord. No. 528, § 1(part), 1983)

(a)

The term "trade secrets," as used in this chapter, may include, but is not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a service having commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.

(b)

The board or a local agency may disclose trade secrets received by the board or the local agency pursuant to this chapter to authorized representatives or other governmental agencies only in connection with the board's or the local agency's responsibilities pursuant to this chapter. The board and the local agency shall establish procedures to ensure that these trade secrets are utilized only in connection with these responsibilities and are not otherwise disseminated without the consent of the person who provided the information to the board or the local agency.

(c)

Any person providing information pursuant to section 6.22.030 shall, at the time of its submission, identify all information which the person believes is a trade secret. Any information or record not identified as a trade secret is available to the public, unless exempted from disclosure by other provisions of law.

(d)

Where the local agency, by ordinance, provides an alternative to the listing of a substance which is a trade secret, the person storing that substance shall provide the identification of the material directly to the board pursuant to this section.

(Code 1969, § 6.22.070; Ord. No. 528, § 1(part), 1983)

Every underground storage tank installed after January 1, 1984, shall meet the following requirements:

(1)

Be designed and constructed to provide primary and secondary levels of containment of the hazardous substances stored in them in accordance with the following performance standards:

a.

Primary containment shall be product-tight and compatible with the substance stored.

b.

Secondary containment shall be constructed to prevent structural weakening as a result of contact with any released hazardous substances, and also shall be capable of storing, for the maximum anticipated period of time necessary for the recovery, of any released hazardous substance.

c.

In the case of an installation with one primary container, the secondary containment shall be large enough to contain at least 100 percent of the volume of the primary tank.

d.

In the case of multiple primary tanks, the secondary container shall be large enough to contain 150 percent of the volume of the largest primary tank placed in it, or ten percent of the aggregate internal volume of all primary tanks, whichever is greater.

e.

If the facility is open to rainfall, then the secondary containment must be able to additionally accommodate the maximum volume of a 24-hour rainfall as determined by a 25-year storm history.

f.

Single-walled containers do not fulfill the requirement of an underground storage tank providing both a primary and a secondary containment. However, an underground storage tank with a primary container constructed with a double complete shell shall be deemed to have met the requirements for primary and secondary containment set forth in this section if all of the following criteria are met:

The outer shell is constructed primarily of nonearthen materials, including, but not limited to, concrete, steel, and plastic, which provide structural support and a continuous leak detection system with alarm is located in the space between the shells.

The system is capable of detecting the entry of hazardous substances from the inner container into the space.

The system is capable of detecting water intrusion into the space from the outer shell.

g.

The design and construction of underground storage tanks for motor vehicle fuels storage need not meet the requirements of subsections (1)a through (1)f of this section, inclusive, if the primary containment construction is of glass fiber, reinforced plastic, cathodically protected steel, or steel clad with glass-fiber reinforced plastic, any such alternative primary containment is installed in conjunction with a system that will intercept and direct a leak from any part of the tank to a monitoring well to detect any release of motor vehicle fuels stored in the tank and which is designed to provide early leak detection, response, and to

protect groundwater from releases, and if the monitoring is in accordance with the alternative method identified in section 6.22.090(3). Pressurized piping systems connected to underground storage tanks used for the storage of motor vehicle fuels and monitored in accordance with section 6.22.090(3)d shall also be deemed to meet the requirements of this subsection; however, any pipe connected to an underground storage tank installed after July 1, 1987, shall be equipped with secondary containment that complies with subsections (1)a through (1)f of this section, inclusive.

(2)

Be designed and constructed with a monitoring system capable of detecting the entry of the hazardous material stored in the primary containment into the secondary containment. If water could intrude into the secondary containment, a means of monitoring for water intrusion and for safely removing the water shall also be provided.

(3)

When required by the department, a means of overfill protection for any primary tank, including an overfill prevention device or an attention-getting higher-level alarm, or both. Primary-tank filling operations of underground storage tanks containing motor vehicle fuels which are visually monitored and controlled by a facility operator satisfy the requirements of this subsection.

(4)

Different substances that in combination may cause a fire or explosion, or the production of flammable, toxic or poisonous gas, or the deterioration of a primary or secondary container, shall be separated in both the primary and secondary containment so as to avoid potential intermixing.

(5)

If water could enter into the secondary containment by precipitation or infiltration, the facility shall contain a means of monitoring for water intrusion and for removing the water by the owner or operator. This removal system shall also prevent uncontrolled removal of this water and provide for a means of analyzing the removed water for hazardous substance contamination and a means of disposing of the water, if so contaminated, at an authorized disposal facility.

(6)

Underground pressurized piping that conveys a hazardous substance shall be equipped with an automatic line leak detector and shall be tightness tested annually.

(7)

Before the underground storage tank is covered, enclosed, or placed in use, the standard installation testing for requirements for underground storage systems specified in section 2-7 of the Flammable and Combustible Liquids Code, adopted by the National Fire Protection Association (NFPA 30), as amended and published in the respective edition of the Uniform Fire Code, shall be followed.

(8)

Before the underground storage tank is placed in service, the underground tank system shall be tested in operating condition using a tank integrity test.

(9)

If the underground storage tank is designed to maintain a water level in the secondary containment, the tank shall be equipped with a safe method of removing any excess water to a holding facility and the owner or operator shall inspect the holding facility monthly for the presence of excess water overflow. If excess water is present in the holding facility, the permit holder shall provide a means to analyze the water for hazardous substance contamination and a means to dispose of the water, if so contaminated, at an authorized disposal facility.

(Code 1969, § 6.22.080; Ord. No. 528, § 1(part), 1983)

State Law reference— Design and construction requirements for underground storage tanks installed on or after July 1, 2004, Health and Safety Code § 25290.1; design and construction requirements for underground storage tanks installed on or after July 1, 2003 and before July 1, 2004, Health and Safety Code § 25290.2.

For every underground storage tank installed on or before January 1, 1984, and used for the storage of hazardous substances, the following actions shall be taken:

(1)

On or before January 1, 1985, the owner or operator shall outfit the facility with a monitoring system capable of detecting unauthorized releases of any hazardous substances stored in the facility, and thereafter, the operator shall monitor each facility, based on materials stored and the type of monitoring installed.

(2)

Provide a means of visual inspection of the tank, wherever practical, for the purpose of the monitoring required by subsection (a) of this section. Alternative methods of monitoring the tank on a monthly, or more frequent, basis may be required by the local agency, consistent with the regulations of the board.

(3)

The alternative monitoring methods include, but are not limited to, the following methods:

a.

Tank integrity testing for proving the integrity of an underground tank system at time intervals specified by the board.

b.

A groundwater monitoring well which is down gradient and adjacent to the underground storage tank, vapor analysis within a well where appropriate, and analysis of soil borings at the time of initial installation

of the well. The department, or any other public agency specified by the department, shall approve the location and number of wells, the depth of wells and the sampling frequency, pursuant to these regulations.

c.

A continuous leak detection and alarm system that is located in monitoring wells adjacent to an underground tank system and which is approved by the local agency.

d.

For monitoring tanks containing motor vehicle fuels, daily gauging and inventory reconciliation by the owner or operator, if all of the following requirements are met:

Inventory records are kept on file for one year and are reviewed quarterly.

The tank system is tested, using the tank integrity test at time intervals specified by the board and whenever there is a shortage greater than the amount which the board shall specify by regulation.

If a pressurized pump system is connected to the tank system, the system has a leak detection device to monitor for leaks in the piping. The leak detection device shall be installed in a manner designed to resist unauthorized tampering and to clearly show by visual inspection if tampering has occurred. The leak detection device shall be tested annually, at a minimum, and all devices found to be not performing in conformance with the manufacturer's leak detection specifications shall be promptly repaired or replaced.

e.

For monitoring underground tank systems that are located on farms and that store motor vehicle or heating fuels used primarily for agricultural purposes, alternative monitoring methods include the following:

If the tank has a capacity of greater than 1,100 gallons but of 5,000 gallons or less, the tank shall be tested using the tank integrity test, at least once every three years, and the owner or operator shall utilize tank gauging on a monthly or more frequent basis, as required by the local agency, subject to the specifications provided in paragraph (7) of subdivision (c) of section 2641 of title 23 of the California Code of Regulations, as that section read on August 13, 1985.

If the tank has a capacity of more than 5,000 gallons, the tank shall be monitored pursuant to the methods for all other tanks specified in this subsection.

(4)

The local agency, or any other public agency specified by the local agency, shall approve the location and number of wells, the depth of wells, and the sampling frequency, pursuant to these regulations.

(Code 1969, § 6.22.090; Ord. No. 528, § 1(part), 1983)

(a)

The owner or operator of the underground storage facility shall monitor the facility using the method specified on the permit for the facility. Records of monitoring, testing, repairing, and closure shall be kept in sufficient detail to enable the local agency to determine whether the underground tank system is in compliance with the applicable provisions of state law, the regulations adopted by the board pursuant to Health and Safety Code § 25299.3, and the permit issued for the operation of the tank system.

(b)

If the operator is not the owner, the owner shall provide a copy of the permit to the operator, enter into a written contract with the operator which requires the operator to monitor the tank as set forth in the permit, and provide the operator with a copy of Health and Safety Code § 25287, or a summary of this section, in the form which the board specifies by regulation. The owner shall notify the department of any change of operator.

(Code 1969, § 6.22.100; Ord. No. 528, § 1(part), 1983)

Any unauthorized release from the primary containment which the operator is able to clean up within eight hours after the release was detected or should reasonably have been detected, and which does not escape from the secondary containment, does not increase the hazard of fire or explosion and does not cause any deterioration of the secondary containment of the underground storage tank, shall be recorded on the operator's monitoring reports.

(Code 1969, § 6.22.110; Ord. No. 528, § 1(part), 1983)

(a)

Any unauthorized release which escapes from the secondary containment, or from the primary containment, if no secondary containment exists, increases the hazard of fire or explosion, or causes any deterioration of the secondary containment of the underground tank shall be reported by the owner or operator to the local agency within 24 hours after the release has been detected or should have been detected. A full written report shall be transmitted by the owner or operator of the underground storage tanks to the local agency within five working days of the occurrence of the release. The report shall include all of the following:

(1)

A description of the nature and volume of the unauthorized release.

(2)

The corrective or remedial actions undertaken.

(3)

Any further corrective or remedial actions, including investigative actions, that will be needed to clean up the unauthorized release and abate the effects of the unauthorized release.

(4)

A time schedule for implementing the actions specified in subsection (a)(3) of this section.

(5)

The source and cause of the unauthorized release.

(6)

The underground storage tank system's record of compliance with this chapter, including data on equipment failures.

(7)

Any other information the board deems necessary to implement or comply with this chapter Health and Safety Code, chapter 8.75 (commencing with section 25299.10), or the federal act.

(b)

The department shall review the permit whenever there has been an unauthorized release or when it determines that the underground storage tank is unsafe. In determining whether to modify or terminate the permit, the local agency shall consider the age of the tank, the methods of containment, the methods of monitoring, the feasibility of any required repairs, the concentration of the hazardous substance stored in the tank, the severity of potential unauthorized releases, and the suitability of any other long-term preventive measures which would meet the requirements of this chapter.

(c)

The reporting requirements imposed by this section are in addition to any requirements which may be imposed by Water Code §§ 13271 and 13272.

(Code 1969, § 6.22.120; Ord. No. 528, § 1(part), 1983)

If there has been any unauthorized release, as defined in section 6.22.120, from an underground storage tank containing motor vehicle fuel not under pressure, the permit holder may repair the tank once by an interior-coating process if the tank meets all of the following requirements:

(1)

An ultrasonic test, or comparable test, has been conducted to determine the thickness of the storage tank. If the result of the test indicates that a serious problem exists with regard to the tank, as determined by the person conducting the test, the department may require additional corrosion protection for the tank or may deny the authorization to repair.

(2)

A hydrostatic test is an alternative to the ultrasonic test in subsection (a) of this section. If the result of the test indicates that a serious problem exists with regard to the integrity of the tank, as determined by the person conducting the test or the department, the department may require additional protection for the tank or may deny authorization for the repair.

(3)

A vacuum test has been conducted with a result indexed at not more than 5.3 inches of mercury. This requirement shall not be applicable if technology is not available for testing the tank on site using accepted engineering practices.

(4)

Following the repair, the standard installation testing for requirements for underground storage tanks specified in section 2-7.3 of the Flammable and Combustible Liquids Code, adopted by the National Fire Protection Association on November 20, 1981 (NFPA 30-1981), and published in the 1982 edition of the National Fire Code shall be followed.

(5)

The material used to repair the tank by an interior-coating process is compatible with the motor vehicle fuel that is stored, as approved by the board by regulation.

(6)

The material used to repair the tank by an interior-coating process is applied in accordance with nationally recognized engineering practices, such as the American Petroleum Institute's recommended practice No. 1631 for the interior lining of existing underground storage tanks.

(7)

The board may develop regulations, in consultation with the state fire marshal, for the repair of underground storage tanks, and the standards in this section shall remain in effect until the adoption of the regulations codified in this chapter.

(Code 1969, § 6.22.130; Ord. No. 528, § 1(part), 1983)

State Law reference— Ability of local agency to adopt and enforce regulations, requirements, or standards of performance regarding underground storage tanks that are more stringent than state laws not precluded, Health and Safety Code § 25299.2.

(a)

No person shall abandon an underground storage tank or close or temporarily cease operating an underground storage tank, except as provided in this section.

(b)

An underground storage tank which is temporarily taken out of service, but which the owner or operator intends to return to use, shall continue to be subject to all the permit, inspection and monitoring requirements of this chapter and all applicable regulations adopted by the board pursuant to state law, unless the owner or operator complies with the provisions of subsection (c) of this section for the period of time the underground tank is not in use.

(c)

No person shall close an underground storage tank unless the person undertakes all of the following actions:

(1)

Demonstrates to the local agency that all residual amounts of hazardous substances which were stored in the tank prior to its closure have been removed, properly disposed of, and neutralized.

(2)

Adequately seals the tank to minimize any threat to the public safety and the possibility of water intrusion into or runoff from the tank.

(3)

Provides for and carries out the maintenance of the tank as the local agency determines is necessary, for the period of time the department requires.

(4)

Demonstrates to the appropriate agency, which has jurisdiction over the site, that there has been no significant soil contamination resulting from a discharge in the area surrounding the underground storage tank or facility and that the site has been investigated to determine if there are any present, or were past, releases, and, if so, that appropriate corrective or remedial actions have been taken.

(Code 1969, § 6.22.140; Ord. No. 528, § 1(part), 1983)

(a)

Any operator of an underground storage tank shall be liable for a civil penalty of not less than $500.00 or more than $5,000.00 for each underground storage tank for each day of violation 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 6.22.030.

(4)

Fails to report an unauthorized release, as required by sections 6.22.110 and 6.22.120.

(5)

Fails to properly close an underground storage tank, as required by section 6.22.140.

(6)

Violation of an applicable requirement of the permit issued for the operation of the underground tank system.

(7)

Violation of an applicable requirement of this chapter or any regulation adopted by the board pursuant to section Health and Safety Code § 25299.3.

(8)

Failure to permit inspection or to perform a monitoring, testing, or reporting required pursuant to Health and Safety Code §§ 25288 or 25289.

(9)

Making a false statement, representation, or certification in an application, record, report, or other document submitted or required to be maintained pursuant to this chapter.

(10)

Tampering with or otherwise disabling automatic leak detection devices or alarms.

(b)

Any owner of an underground storage tank shall be liable for a civil penalty of not less than $500.00 or more than $5,000.00 per day for each underground storage tank, for each day of violation, for any of the following:

(1)

Failure to obtain a permit as specified by this chapter.

(2)

Failure to repair an underground tank in accordance with the provisions of this chapter.

(3)

Abandonment or improper closure of any underground tank subject to the provisions of this chapter.

(4)

Knowing failure to take reasonable and necessary steps to ensure compliance with this chapter by the operator of an underground tank.

(5)

Violation of an applicable requirement of the permit issued for operation of the underground tank system.

(6)

Violation of an applicable requirement of this chapter or a regulation adopted by the board pursuant to Health and Safety Code § 25299.3.

(7)

Failure to permit inspection or to perform monitoring, testing, or reporting required pursuant to Health and Safety Code §§ 25288 or 25289.

(8)

Making a false statement, representation, or certification in an application, record, report, or other document submitted or required to be maintained pursuant to this chapter.

(c)

A person who intentionally fails to notify the board, the regional board, or the local agency when required to do so by this chapter, or who submits false information in a permit application, amendment, or renewal, pursuant to Health and Safety Code § 25286, is liable for a civil penalty of not more than $5,000.00 for each underground storage tank for which notification is not given or false information is submitted.

(d)

(1)

A person who violates a corrective action requirement established by, or issued pursuant to, Health and Safety Code § 25296.10 is liable for a civil penalty of not more than $10,000.00 for each underground storage tank for each day of violation.

(2)

A civil penalty under this subsection may be imposed in a civil action under this chapter, or may be administratively imposed by the board or a regional board pursuant to article 2.5 (commencing with section 13323) of chapter 5 of Division 7 of the Water Code.

(e)

A person who violates Health and Safety Code § 25292.3 is liable for a civil penalty of not more than $5,000 for each underground storage tank for each day of violation.

(f)

(1)

Any person who falsifies any monitoring records required by this chapter, or knowingly fails to report an unauthorized release, shall, upon conviction, be punished by a fine of not less than $5,000.00 or more than $10,000.00, or by imprisonment in the county jail for not to exceed one year, or by both fine and imprisonment.

(2)

A person who intentionally disables or tampers with an automatic leak detection system in a manner that would prevent the automatic leak detection system from detecting a leak or alerting the owner or operator of the leak, shall, upon conviction, be punished by a fine of not less than $5,000.00 or more than $10,000.00, by imprisonment in the county jail for not more than one year, or by both fine and imprisonment.

(g)

In determining both the civil and criminal penalties imposed pursuant to this section, the board, a regional board, or the court, as the case may be, 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.

(h)

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.

(i)

Subsection (a)(10) of this section does not prohibit the owner or operator of an underground storage tank, or his designee, from maintaining, repairing, or replacing automatic leak detection devices or alarms associated with that tank.

(Code 1969, § 6.22.150; Ord. No. 528, § 1(part), 1983)