10.1-1311 - Penalties for noncompliance; judicial review. - Virginia Statutes

§ 10.1-1311. Penalties for noncompliance; judicial review.

A. The Board is authorized to promulgate regulations providing for thedetermination of a formula for the basis of the amount of any noncompliancepenalty to be assessed by a court pursuant to subsection B hereof, inconformance with the requirements of Section 120 of the federal Clean AirAct, as amended, and any regulations promulgated thereunder. Any regulationspromulgated pursuant to this section shall be in accordance with theprovisions of the Administrative Process Act (§ 2.2-4000 et seq.).

B. Upon a determination of the amount by the Board, the Board shall petitionthe circuit court of the county or city wherein the owner subject to suchnoncompliance assessment resides, regularly or systematically conductsaffairs or business activities, or where such owner's property affected bythe administrative action is located for an order requiring payment of anoncompliance penalty in a sum the court deems appropriate.

C. Any order issued by a court pursuant to this section may be enforced as ajudgment of the court. All sums collected, less the assessment and collectioncosts, shall be paid into the state treasury and deposited by the StateTreasurer into the Virginia Environmental Emergency Response Fund pursuant toChapter 25 (§ 10.1-2500 et seq.) of this title.

D. Any penalty assessed under this section shall be in addition to permits,fees, orders, payments, sanctions, or other requirements under this chapter,and shall in no way affect any civil or criminal enforcement proceedingsbrought under other provisions of this chapter.

(1979, c. 65, § 10-17.18:3; 1988, c. 891; 1991, c. 718.)