28.2-1420 - Penalties. - Virginia Statutes

§ 28.2-1420. Penalties.

A. Without limiting the remedies which may be obtained under this chapter,any person who violates any provision of this chapter or who violates orfails, neglects, or refuses to obey any Commission or wetlands board notice,order, rule, regulation, or permit condition authorized by this chaptershall, upon such finding by an appropriate circuit court, be assessed a civilpenalty not to exceed $25,000 for each day of violation. Such civilpenalties may, at the discretion of the court assessing them, be directed tobe paid into the treasury of the county, city, or town in which the violationoccurred for the purpose of abating environmental damage to or restoringdunes or beaches therein, in such a manner as the court may, by order,direct, except that where the violator is the county, city, or town itself,or its agent, the court shall direct the penalty to be paid into the statetreasury.

B. Without limiting the remedies which may be obtained under this chapter,and with the consent of any person who has violated any provision of thischapter or who has violated or failed, neglected, or refused to obey anyCommission or wetlands board order, rule, regulation, or permit conditionauthorized by this chapter, the Commission or wetlands board may provide, inan order issued by the Commission or wetlands board against such person, forthe one-time payment of civil charges for each violation in specific sums,not to exceed $10,000 for each violation. Civil charges shall be in lieu ofany appropriate civil penalty which could be imposed under subsection A ofthis section. Civil charges may be in addition to the cost of anyrestoration ordered by the Commission or a wetlands board.

(1990, c. 811, § 62.1-13.27:1; 1992, c. 836.)