2006 Code of Virginia § 35.1-7 - Penalties, injunctions, civil penalties and charges for violations

35.1-7. Penalties, injunctions, civil penalties and charges for violations.

A. Any person willfully violating, or refusing, failing, or neglecting tocomply with any regulation or order of the Board or Commissioner, or anyprovision of this title, shall be guilty of a Class 3 misdemeanor unless adifferent penalty is specified. Each day of violation shall constitute aseparate offense.

B. Any person violating, or failing, neglecting, or refusing to obey anylawful regulation or order of the Board or Commissioner, or any provision ofthis title, may be compelled in a proceeding instituted in an appropriatecourt by the Board or Commissioner to obey and comply with such regulation,order, or provision of this title. The proceeding may be by injunction,mandamus, or other appropriate remedy.

C. Without limiting the remedies which may be obtained pursuant to subsectionB, any person violating or failing, neglecting, or refusing to obey anyinjunction, mandamus, or other remedy obtained pursuant to subsection B shallbe subject, in the discretion of the court, to a civil penalty not to exceed$10,000 for each violation. Each day of violation shall constitute a separateoffense.

D. With the consent of any person who has violated or failed, neglected, orrefused to obey any regulation or order of the Board or Commissioner or anyprovision of this title, the Board may provide, in an order issued by theBoard against such person, for the payment of civil charges for pastviolations in specific sums not to exceed the limit set forth in subsectionC. Such civil charges shall be in place of any appropriate civil penaltywhich could be imposed under subsection C.

(Code 1950, 35-7, 35-21, 35-41, 35-53; 1981, c. 468.)