2006 Code of Virginia § 3.1-249.70 - Penalties; action to enjoin violation; compromise

3.1-249.70. Penalties; action to enjoin violation; compromise.

A. Except as otherwise provided, any person who knowingly violates anyprovisions of this chapter or regulations promulgated hereunder shall beguilty of a Class 1 misdemeanor and shall be subject to an additional fine ofup to $500,000 if death or serious physical harm to any person is caused bythe violation.

B. The Commissioner may bring an action to enjoin the violation or threatenedviolation of any provision of this chapter, or any regulation made pursuantthereto, in the circuit court of the county or city in which the violationoccurs or is about to occur, or in the Circuit Court of the City of Richmondif the violation may affect more than one county or city. The Commissionermay request either the attorney for the Commonwealth or the Attorney Generalto bring action under this section, when appropriate.

C. Any person violating a provision of this chapter or regulations adoptedthereunder may be assessed a civil penalty by the Board. In determining theamount of any civil penalty, the Board shall give due consideration to (i)the history of previous violations of the licensee or person, (ii) theseriousness of the violation including any irreparable harm to theenvironment and any hazards to the health and safety of the public, and (iii)the demonstrated good faith of the licensee or person charged in attemptingto achieve compliance with the chapter after notification of the violation.

D. The Board may assess a penalty of not more than $1,000 for a violationthat is less than serious, not more than $5,000 for a serious violation, andnot more than $20,000 for a repeat or knowing violation. The Board mayassess an additional penalty of up to $100,000 for any violation which causesserious damage to the environment, serious injury to property, or seriousinjury to or death of any person.

E. Civil penalties assessed under this section shall be paid into a specialfund in the state treasury to the credit of the Department to be used incarrying out the purposes of this chapter. The Commissioner shall prescribeprocedures for payment of penalties which are not contested by licensees orpersons. The procedures shall include provisions for a licensee or person toconsent to abatement of the alleged violation and pay a penalty or negotiatedsum in lieu of such penalty without admission of civil liability arising fromsuch alleged violation.

F. The person or business to whom a civil penalty is issued shall havefifteen days to request an informal fact-finding conference, held pursuant to 2.2-4019, to challenge the fact or amount of the civil penalty. If thecivil penalty is upheld, the person or business against whom the civilpenalty has been upheld shall have fifteen days to pay the proposed penaltyin full, or if the person or business wishes to contest either the amount ofthe penalty or the fact of the violation, forward the proposed amount to theCommission's office for placement in an interest-bearing trust account in theState Treasurer's office. If through administrative or judicial review ofthe proposed penalty, it is determined that no violation occurred, or thatthe amount of penalty should be reduced, the Commissioner shall within thirtydays of that determination remit the appropriate amount to the person orbusiness with interest accrued thereon. If the violation is upheld, theamount collected shall be paid into a special fund in the state treasury tothe credit of the Department as provided in 3.1-249.34.

Final orders of the Board may be recorded, enforced and satisfied as ordersor decrees of a circuit court upon certification of such orders by thesecretary of the Board. Such orders may be appealed in accordance with theprovisions of the Administrative Process Act ( 2.2-4000 et seq.).

(Code 1950, 3-208.39; 3-208.42; 1966, c. 702; 1970, c. 376, 3.1-241,3.1-244; 1989, c. 575; 1993, c. 773.)