10.1-1316 - Enforcement and civil penalties. - Virginia Statutes

§ 10.1-1316. Enforcement and civil penalties.

A. Any owner violating or failing, neglecting or refusing to obey anyprovision of this chapter, any Board regulation or order, or any permitcondition may be compelled to comply by injunction, mandamus or otherappropriate remedy.

B. Without limiting the remedies which may be obtained under subsection A,any owner violating or failing, neglecting or refusing to obey any Boardregulation or order, any provision of this chapter, or any permit conditionshall be subject, in the discretion of the court, to a civil penalty not toexceed $32,500 for each violation. Each day of violation shall constitute aseparate offense. In determining the amount of any civil penalty to beassessed pursuant to this subsection, the court shall consider, in additionto such other factors as it may deem appropriate, the size of the owner'sbusiness, the severity of the economic impact of the penalty on the business,and the seriousness of the violation. Such civil penalties shall be paid intothe state treasury and deposited by the State Treasurer into the VirginiaEnvironmental Emergency Response Fund pursuant to Chapter 25 (§ 10.1-2500 etseq.) of this title. Such civil penalties may, in the discretion of the courtassessing them, be directed to be paid into the treasury of the county, cityor town in which the violation occurred, to be used to abate environmentalpollution in such manner as the court may, by order, direct, except thatwhere the owner in violation is the county, city or town itself, or itsagent, the court shall direct the penalty to be paid into the state treasuryand deposited by the State Treasurer into the Virginia EnvironmentalEmergency Response Fund pursuant to Chapter 25 of this title.

C. With the consent of an owner who has violated or failed, neglected orrefused to obey any Board regulation or order, or any provision of thischapter, or any permit condition, the Board may provide, in any order issuedby the Board against the owner, for the payment of civil charges in specificsums, not to exceed the limit of subsection B. Such civil charges shall be inlieu of any civil penalty which could be imposed under subsection B. Suchcivil charges shall be paid into the state treasury and deposited by theState Treasurer into the Virginia Environmental Emergency Response Fundpursuant to Chapter 25 of this title.

D. The Board shall develop and provide an opportunity for public comment onguidelines and procedures that contain specific criteria for calculating theappropriate penalty for each violation based upon the severity of theviolations, the extent of any potential or actual environmental harm, thecompliance history of the facility or person, any economic benefit realizedfrom the noncompliance, and the ability of the person to pay the penalty.

(1966, c. 497, § 10-17.23; 1976, c. 622; 1978, c. 475; 1980, c. 378; 1988, c.891; 1991, c. 718; 1993, c. 13; 2005, c. 706.)