2006 Code of Virginia § 10.1-559.7 - Penalties; injunctions; enforcement actions

10.1-559.7. Penalties; injunctions; enforcement actions.

A. Any person violating 10.1-559.4 or 10.1-559.5 shall be subject to acivil penalty not to exceed $5,000 for every violation assessed by theCommissioner or Board. Each day the violation continues shall constitute aseparate offense. Payments to satisfy such penalties shall be deposited in anonreverting, special fund to be used by the Department of Conservation andRecreation to provide financial assistance to persons implementing measuresspecified in the Virginia Agricultural Best Management Practices Manual. Noperson who has been assessed a civil penalty under this section shall beeligible for such financial assistance until the violation has been correctedand the penalty paid.

B. In determining the amount of any penalty, factors to be considered shallinclude but not be limited to the willfulness of the violation, any historyof noncompliance, the actions of the owner or operator in notifying,containing and cleaning up any discharge, the damage or injury to statewaters or the impairment of its uses, and the nature and degree of injury toor interference with general health, 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 article.

(1996, c. 773.)