A. Any person or business that fails to comply with Sections 17.21.060, 17.21.070, or 17.21.080 shall be subject to an administrative 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, after notice of the violation has been given by the CUPA, shall be subject to an administrative 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 fire or health or medical emergency requiring toxicological, health, or medical consultation, the person or business shall also pay the full costs of the emergency response by the fire department and the CUPA, county, city, local emergency medical services agency, or poison control center, including the cost of cleanup and disposal of the hazardous materials, acutely hazardous materials or hazardous wastes.

B. Any person or business who fails to comply with a written notice or order issued by the CUPA pursuant to this chapter shall also be subject to an administrative civil penalty. If the violation results in, or significantly contributes to an emergency, including but not limited to a fire or health or medical problem requiring toxicological, health, or medical consultation, the person or business shall also pay the full costs of the emergency response by the fire department, the CUPA, county, city, local emergency medical services agency or poison control center, as well as the cost of cleaning up and disposing of the hazardous materials or acutely hazardous materials.

C. A person or business shall not be subject to both an administrative civil penalty and a civil penalty pursuant to Section 17.21.210 for the same violation on the same date. However, a person or business may be subject both to an administrative civil penalty and criminal prosecution as provided in Section 1.04.060 based on the same violation or violations.

D. In determining the amount of the administrative civil penalty to be imposed pursuant to Section 17.21.230, the CUPA shall consider the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurred, the frequency of past violations, any action taken by the person or business to mitigate the violation, and the financial burden that the administrative civil penalty would impose on the person or business.

E. Payment of an administrative civil penalty shall not relieve a person or business from the responsibility for correcting any violation of this chapter, or state law, or from complying with a written notice or order issued by the CUPA, or from taking other corrective action necessary to comply with this chapter.