40.1-51.31 - Penalties for noncompliance; judicial review. - Virginia Statutes

§ 40.1-51.31. 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 § 120 of the federal Clean Air Act, asamended, 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 Commissioner, the Commissionershall petition the circuit court of the county or city wherein the ownersubject to such noncompliance assessment resides, regularly or systematicallyconducts affairs or business activities, or where such owner's propertyaffected by the administrative action is located for an order requiringpayment of a noncompliance 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 andcollection costs, shall be paid into the general fund of the state treasury.

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

(1992, c. 541.)