Cal. HSC § 25299.112 — California Code / Code hsc / Division 20 / Chapter 6.76 / Section 25299.112
Section 25299.112
Status: in_force

(a) To carry out the purposes of this chapter, an authorized representative of the local agency or board shall have the authority specified in Section 25185, with respect to any place where project tanks are or have been located, and in Section 25185.5, with respect to any real property that is within 2,000 feet of any place where project tanks are or have been located.

(b) A person shall furnish, under penalty of perjury, any information on grants or loans issued, or applied for, under this chapter or requested for disbursement of funds pursuant to a grant or loan issued under this chapter that the local agency or board may require.

(c) A person who fails or refuses to furnish information pursuant to subdivision (b) or furnishes false information required or requested in connection with a grant or loan issued under this chapter is subject, in accordance with the requirements of subdivision (d) or (e), as applicable, to civil liability of not more than ten thousand dollars ($10,000) for each violation of this subdivision.

(d) (1) Except as provided in paragraph (2), a person shall not be liable pursuant to subdivision (c) unless one of the following is established by the court, if the action is brought pursuant to subdivision (e), or by the executive director of the board, if the action is brought pursuant to subdivision (f):

(A) The alleged violation is knowing, willful, or intentional.

(B) The person received a material economic benefit from the action that caused the alleged violation.

(C) The alleged violation is chronic or that person is a recalcitrant violator, as determined pursuant to subdivision (g) of Section 13399 of the Water Code.

(2) If a person is in violation of subdivision (c), but does not meet any of the conditions specified in paragraph (1), the person may be held liable only if the board or an authorized representative of the board issues a notice to comply pursuant to Chapter 5.8 (commencing with Section 13399) of Division 7 of the Water Code before an action is taken pursuant to subdivision (e) or (f).

(e) The Attorney General, upon request of the board, shall bring an action in superior court to impose the civil liability specified in subdivision (c).

(f) The executive director of the board may impose the civil liability specified in subdivision (c) administratively in the same manner as the executive director of the board is authorized to impose civil liability pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 of Division 7 of the Water Code.

(g) In determining the amount of any civil liability imposed pursuant to this section, the executive director of the board or the court shall take into account the nature, circumstances, extent, and gravity of the false statement or refusal or failure to furnish information, the person’s ability to pay, any prior history by the person of misrepresentations to or noncooperation with the board or local agency, any economic benefits or savings that resulted or would have resulted from the false statement or refusal or failure to furnish information, and other matters as justice may require.

(h) Remedies under this section are in addition to, and do not supersede or limit, any other civil, administrative, or criminal remedies.

(i) A penalty collected pursuant to this section shall be deposited in the Petroleum Underground Storage Tank Financing Account.