3.2-406 - Penalties; injunctions; enforcement actions. - Virginia Statutes

§ 3.2-406. Penalties; injunctions; enforcement actions.

A. Any person violating § 3.2-403 or 3.2-404 shall be subject to a civilpenalty not to exceed $5,000 for every violation assessed by the Commissioneror Board. Each day the violation continues is a separate offense. Payments tosatisfy such penalties shall be deposited in a nonreverting, special fund tobe used by the Department of Conservation and Recreation to provide financialassistance to persons implementing measures specified in the VirginiaAgricultural Best Management Practices Manual. No person who has beenassessed a civil penalty under this section shall be eligible for suchfinancial assistance until the violation has been corrected and the penaltypaid.

B. In determining the amount of any penalty, factors to be considered shallinclude the willfulness of the violation, any history of noncompliance, theactions of the owner or operator in notifying, containing and cleaning up anydischarge, the damage or injury to state waters or the impairment of itsuses, and the nature and degree of injury to or interference with generalhealth, welfare and property.

C. The Attorney General shall, upon request, bring an action for aninjunction or other appropriate legal action on behalf of the Commissioner orBoard to enforce the provisions of this chapter.

(1996, c. 773, § 10.1-559.7; 2008, c. 860.)