§ 1190.

PENALTIES

a.

Any stationary source that violates this Article shall be civilly liable to the City in an amount of not more than $2,000 for each day in which the violation occurs. If the violation results in, or significantly contributes to, a release or threatened release of any regulated substance, any fire, or any health or medical problem requiring toxicological, health or medical consultation, the stationary source shall also be assessed the full cost of the City emergency response, as well as the cost of cleaning up and disposing of the hazardous materials.

b.

Any stationary source that knowingly violates the provisions of this Article after reasonable notice of the violation shall be civilly liable to the City in an amount not to exceed $25,000 for each day in which the violation occurs and upon conviction, may be punished by imprisonment in the County Jail for not more than one year.

c.

Any person or stationary source that violates any rule or regulation, emission limitation, permit condition, order, fee requirement, filing requirement, duty to allow or carry out inspection or monitoring activities, or duty to allow entry imposed pursuant to this Article and for which delegation or approval of implementation and enforcement authority has been obtained by the State pursuant to Subsections (l) and (r) of Section 112 of the Clean Air Act (42 U.S.C. Sections 7412(l) and 7412(r)) or the regulations adopted pursuant thereto, is strictly liable for a civil penalty not to exceed $10,000 for each day in which the violation occurs.

d.

Any person or stationary source that knowingly makes any false material statement representation or certification in any record, report, or other document filed, maintained, or used for the purpose of compliance with this Article, or destroys, alters, or conceals such document, shall, upon conviction, be punished by a fine of not more than $25,000 for each day of violation, by imprisonment in the County Jail for a period not to exceed one year, or by both fine and imprisonment.

If the conviction is for a violation committed after a first conviction under this subsection, the person or stationary source shall be punished by a fine of not less than $2,000 or more than $50,000 per day of violation, by imprisonment in the State Prison for one, two, or three years or in the County Jail for not more than one year, or both fine and imprisonment.

If a violation under this subsection results in, or significantly contributes to, an emergency, including a fire, to which the City is required to respond, the person or stationary source shall also be assessed the full cost of the City emergency response, as well as the cost of cleaning up and disposing of the hazardous materials.

e.

Any person or stationary source that knowingly violates any requirement of this Article, including any fee or filing requirement, for which delegation of federal implementation and enforcement authority has been obtained by the State pursuant to Subsections (l) and (r) of Section 112 of the Clean Air Act (42 U.S.C. Sections 7412(l) and 7412(r)) or that knowingly renders inaccurate any federally required monitoring device or method, shall upon conviction, be punished by a fine of not more than $10,000 for each day of violation.

f.

If civil penalties are recovered pursuant to Subparagraphs (a), (b) or (c), the same offense shall not be subject to a criminal prosecution pursuant to Subparagraphs (d) or (e). If the Director refers a violation to the District Attorney and a criminal complaint is filed, any civil action brought pursuant to this Article for that offense shall be dismissed.

History

(Added by Ord. 399-97, App. 10/17/97)

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