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UST Program - Available Local Guidance (LG) Letters

UST Program - Local Guidance (LG) 112-1


LG 112-1 - TRANSMITTAL OF LEGAL OPINION ON ENFORCEMENT


April 1, 1994

To:  Local Agencies

Questions have arisen concerning the authority of local agencies to collect fines and penalties while enforcing the Underground Storage Tank Law and Regulations, and the disposition of these fines and penalties.  The local agencies should be aware of the following code sections:

    (1) Health and Safety Code Section 25299 provides civil and criminal penalties for violation of certain provisions of Chapter 6.7, of the Health and Safety Code.

    (2) Health and Safety Code Section 25299.02 in essence indicates that civil actions may be brought by a city attorney, a district attorney, or the State Attorney General.

    (3) Health and Safety Code Section 25299(g) in essence provides that any fines or civil penalties collected by a local agency (designated city, county, or an authorized department, office or agency thereof) shall be paid into the treasury of the local agency which brings the action.

    (4) Code Government Code Section 36901 provides that a city may impose fines for violations of any of its ordinances.

    (5) Code Government Code Section 25132 provides that violation of a county ordinance may be designated as an infraction and may be punishable by a fine.
 

If you have questions concerning this matter, please call Dorothy Jones at (916) 227-4421.

Sincerely,

[Original signed by:]

Mike McDonald, Manager
Underground Storage Tank Program

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