40.1-51.35 - Compelling compliance with regulations and orders of Board; penalty for violations. - Virginia Statutes

§ 40.1-51.35. Compelling compliance with regulations and orders of Board;penalty for violations.

A. Any owner violating or failing, neglecting or refusing to obey anyasbestos NESHAP regulation or order of the Commissioner may be compelled tocomply by injunction, mandamus or other appropriate remedy.

B. Without limiting the remedies which may be obtained under this section,any owner violating or failing, neglecting or refusing to obey any Boardregulation or order or any provision of this chapter shall be subject, in thediscretion of the court, to a civil penalty not to exceed $25,000 for eachviolation. Each day of violation shall constitute a separate offense. Indetermining the amount of any civil penalty to be assessed pursuant to thissubsection, the court shall consider, in addition to such other factors as itmay deem appropriate, the size of the owner's business, the severity of theeconomic impact of the penalty on the business, and the seriousness of theviolation. Such civil penalties shall be paid into the state treasury.

C. With the consent of an owner who has violated or failed, neglected orrefused to obey any asbestos NESHAP regulation or order or any provision ofthis chapter, the Commissioner may provide, in any order issued by theCommissioner against the owner, for the payment of civil charges in specificsums, not to exceed the limit of subsection B. Such civil charges shall bein lieu of any civil penalty which could be imposed under subsection B andshall be paid into the state treasury.

(1992, c. 541.)