East Palo Alto Municipal Code Art. V Criminal Penalties

Any person who violates any provision of this chapter is guilty of a misdemeanor.

(Prior code § 4-5.501)

A. Any operator of an underground storage tank shall be liable for a civil penalty of not more than five hundred dollars ($500.00) per day for any of the following:

1. Operation of an underground storage tank which has not been issued a permit;

2. Failure to monitor the underground storage tank, as required by the permit;

3. Failure to maintain required records;

4. Failure to report an unauthorized release;

5. Failure to properly close an underground storage tank;

6. Failure to remedy the effects of any unauthorized release whether sudden or gradual.

B. Any owner of an underground storage tank shall be liable for a civil penalty of not more than five hundred dollars ($500.00) per day 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. Knowingly failing to take reasonable and necessary steps as to assure compliance with this chapter by the operator of an underground tank.

C. 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.

(Prior code § 4-5.502)

A civil action may be instituted against any employer by any employee who has been discharged, demoted, suspended, or in any other manner discriminated against in terms or conditions of employment, or threatened with any such retaliation, because such employee has in good faith, made any oral or written report or complaint related to the enforcement of this chapter to any company official, public official or union official, or has testified in any proceeding in any way related thereto. In addition to any actual damages which may be awarded, damages shall include costs and attorney's fees. The court may award punitive damages in a proper case.

(Prior code § 4-5.503)

Remedies under this chapter are in addition to and do not supersede or limit any and all other legal remedies and penalties, whether civil or criminal in nature.

(Prior code § 4-5.504)