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A. The city attorney or the district attorney may seek an order enjoining any acts or practices that constitute or threaten to constitute a violation of this chapter and for the reasonable costs of the CUPA in investigating and prosecuting the enforcement action.

B. Any person or business that violates Sections 17.21.060, 17.21.070, or 17.21.080 shall be subject to a civil penalty in an amount not to exceed two thousand dollars for each day in which the violation occurs. Violation of Sections 17.21.060, 17.21.070, or 17.21.080 by a business, after notice of the violation has been given by the CUPA, shall be subject to a civil penalty not to exceed five thousand dollars for each day the violation occurs. If the violation results in, or significantly contributes to an emergency, including but not limited to, a sudden release, explosion or fire, the business shall also pay the full cost of the emergency response by the fire department and the CUPA, including the cost of cleanup and disposal of the hazardous materials or hazardous wastes.

C. Any person or business that violates Sections 17.21.090 or 17,21.100 shall be subject to a civil penalty in an amount not to exceed two thousand dollars for each day in which the violation occurs. In the case of knowing violations of Sections 17.21.090 or 17.21.100 after reasonable notice of the violation has been given by the CUPA, the civil penalty shall not exceed twenty-five thousand dollars for each day in which the violation exists. In addition, in cases of knowing violations, the responsible person may, upon conviction, also be punished by imprisonment in the county jail for not more than one year pursuant to Health and Safety Code Section 25540.

D. Any person or business that violates Section 17.21.110 shall be subject to a civil penalty in an amount of not less than five hundred dollars and not to exceed five thousand dollars for each underground storage tank for each day in which the violation occurs,

E. In determining the amount of civil penalty to be imposed, the CUPA shall consider all of the relevant circumstances, including but not limited to, the extent of the 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 or business responsible for any activity subject to a permit.

F. Each day on which a violation exists or continues to exist shall be deemed a separate violation.

G. The civil penalties authorized by this section are in addition to the penalties provided by Section 1.04.060, which shall apply to all violations of this chapter. In cases where state law provides greater penalties than Section 1.04.060, the provisions of state law shall apply.

(Ord. 2062 NCS §1 (part), 1997.)