Santa Clara County Municipal Code Art. 9 Enforcement

In addition to the enforcement provisions in Chapter I of this division, the following civil penalties may apply.

Any person who intentionally or negligently violates any provision of this chapter, except that an unauthorized discharge which is recordable and recorded in compliance with Section B11-305 will not be a violation of this chapter for purposes of this section, or fails to comply with any order issued thereunder, will be liable for a civil penalty not to exceed $5,000.00 per day for each violation, which will be assessed and recovered in a civil action brought by the County Counsel or the District Attorney. In determining the penalty, the court will consider all relevant circumstances, including but not limited to the following:

(a) The extent of harm or potential harm caused by the violation;

(b) The nature and persistence of the violation;

(c) The length of time over which the violation occurred;

(d) The frequency of past violations;

(e) The permittee's record of maintenance;

(f) Corrective action, if any, taken by the permittee.

In any civil action brought pursuant hereto, in which the County prevails, the court will determine and impose reasonable expenses, including attorneys' fees, incurred by the County in the investigation and prosecution of the action.

(Ord. No. NS-517.72, § 2, 4-15-03)

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 will include costs and attorneys' fees. The court may award punitive damages in a proper case.

(Ord. No. NS-517.72, § 2, 4-15-03)

Any administrative, civil and/or criminal penalties collected pursuant to this chapter will be deposited into the hazardous materials program account.

(Ord. No. NS-517.72, § 2, 4-15-03)