Los Angeles County Municipal Code Ch. 11.86 Enforcement

A.

In addition to any other remedies provided in this division or provided by other law, any operator of an underground storage tank shall be liable for a civil penalty of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) for each underground storage tank for each day of violation for any of the following violations:

Operating an underground storage tank that has not been issued a unified program facility permit, in violation of this division;

Violation of any of any applicable requirements of the unified program facility permit issued for the operation of the underground storage tank(s);

Failing to maintain records, as required by this division;

Failing to report an unauthorized release, as required by Section 11.76.010;

Abandoning or failing to properly close an underground storage tank in accordance with the provisions of this division;

Violation of any applicable requirement of this division or any requirements of Division 20, Chapter 6.7, of the California Health and Safety Code or any regulations promulgated thereunder;

Failure to permit inspection or to perform any monitoring, testing, or reporting required pursuant to this division; or

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

B.

In addition to any other remedies provided in this division or provided by other law, any owner of an underground storage tank(s) shall be liable for a civil penalty of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) per day for each underground storage tank, for each day of violation, for any of the following violations:

Failure to obtain a unified program facility permit as specified by this division;

Failure to repair or upgrade an underground tank in accordance with the provisions of this division;

Abandonment or improper closure of any underground tank subject to the provisions of this division;

Knowing failure to take reasonable and necessary steps to assure compliance with this division by the operator of an underground tank(s);

Violation of any applicable requirement of the unified program facility permit issued for the operation of the underground tank(s);

Violation of any applicable requirement of Division 20, Chapter 6.7, of the California Health and Safety Code or any regulations promulgated thereunder;

Failure to permit inspections or to perform any monitoring, testing, or reporting required pursuant to this division;

Making any false statement, representation, or certification in any application, record, or other document submitted or required to be maintained pursuant to this division.

C.

Any person who intentionally fails to notify the CUPA or the Director when required to do so by this division or who submits false information in an application for a unified program facility permit, addenda, or renewal, pursuant to Chapter 11.80, is liable for a civil penalty of not more than five thousand dollars ($5,000) for each underground storage tank for each day for which notification is not given or false information is submitted.

D.

Any person who violates Division 20, Chapter 6.7, of the California Health and Safety Code, section 25292.3, by depositing or allowing the deposition of petroleum into an underground storage tank system that has a red tag affixed to the fill pipe or by removing, defacing, altering or otherwise tampering with a red tag is liable for a civil penalty of not more than five thousand dollars ($5,000) for each underground storage tank for each day of violation.

E.

Any person who violates any corrective action requirement established by, or issued pursuant to, section 25296.10 of Division 20, Chapter 6.7, of the California Health and Safety Code 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.

F.

When any person has engaged in, is engaged in, or is about to engage in any acts or practices that violate this division, the District Attorney or the Attorney General may apply to the Superior Court for an order enjoining such acts or practices, or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order.

G.

Every civil action brought under this division shall be brought by the District Attorney or the Attorney General in the name of the people of the State of California, and any actions relating to the same violations may be joined or consolidated.

(Ord. 2015-0016 § 80, 2015; Ord. 97-0016 § 74, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

A.

Any person who violates any provision of this division, or who fails to take corrective action upon becoming aware of an unauthorized release, or who fails to comply with a notice of noncompliance within the time specified or who continues to operate a facility upon suspension or revocation of a permit shall be guilty of a misdemeanor, and the Director may refer such violation to the Los Angeles County District Attorney or other appropriate prosecuting authority for prosecution. Each day that the conditions in this section continue to exist shall be a separate violation.

B.

Any person who falsifies any monitoring records required by this division, knowingly fails to report an unauthorized release, or intentionally 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 five thousand dollars ($5,000) or more than ten thousand dollars ($10,000), or by imprisonment in the County Jail for a period not to exceed one (1) year, or by both that fine and imprisonment.

(Ord. 2015-0016 § 81, 2015; Ord. 97-0016 § 74, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

Each civil penalty or civil fine imposed pursuant to this chapter for any violation shall be separate, and in addition to, and does not supersede or limit, any and all other administrative actions or remedies, civil penalties or criminal fines imposed pursuant to this chapter or any other provisions of law.

(Ord. 2015-0016 § 82, 2015; Ord. 97-0016 § 76, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)