10.1-613.1 - Criminal penalties. - Virginia Statutes

§ 10.1-613.1. Criminal penalties.

A. It is unlawful for any owner to knowingly:

1. Operate, construct, or alter a dam without an approval as provided in thisarticle;

2. Violate the terms of an approval, order, regulation, or requirement of theBoard or Director under this article; or

3. Obstruct, hinder, or prevent the Board or its designated agents oremployees from performing duties under this article.

A violation of any provision of this subsection or this article is a Class 3misdemeanor.

B. Each day that any such violation occurs after notice of the originalviolation is served upon the violator by the Board or its designated agentsor employees by registered mail shall constitute a separate offense. Uponconviction, the violator is subject to a fine not exceeding $500 per day foreach day of the offense, not to exceed a total fine of $25,000, with costsimposed at the discretion of the court. In determining the amount of thepenalty, the appropriate court shall consider the degree of harm to thepublic; whether the violation was knowing or willful; the past conduct of thedefendant; whether the defendant should have been on notice of the violation;whether the defendant has taken steps to cease, remove, or mitigate theviolation; and any other relevant information.

(2006, c. 30.)