2006 Code of Virginia § 32.1-27 - Penalties, injunctions, civil penalties and charges for violations

32.1-27. 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 1 misdemeanor unless adifferent penalty is specified.

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 such regulation, order orprovision of this title and to comply therewith by injunction, mandamus, orother appropriate remedy or, pursuant to 32.1-27.1, imposition of a civilpenalty or appointment of a receiver.

C. Without limiting the remedies which may be obtained in subsection B ofthis section, any person violating or failing, neglecting or refusing to obeyany injunction, mandamus or other remedy obtained pursuant to subsection Bshall be subject, in the discretion of the court, to a civil penalty not toexceed $25,000 for each violation, which shall be paid to the general fund,except that civil penalties for environmental pollution shall be paid intothe state treasury and credited to the Water Supply Assistance Grant Fundcreated pursuant to 32.1-171.2. Each day of violation shall constitute aseparate offense.

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 limits specified in 32.1-27.1 and subsection C of this section. Such civil charges shall beinstead of any appropriate civil penalty which could be imposed under 32.1-27.1 and subsection C of this section. When civil charges are based uponenvironmental pollution, the civil charges shall be paid into the statetreasury and credited to the Water Supply Assistance Grant Fund createdpursuant to 32.1-171.2.

(Code 1950, 32-6.4, 32-15; 1975, c. 564; 1976, c. 623; 1979, c. 711; 1980,c. 378; 1989, c. 618; 1999, c. 786; 2003, cc. 753, 762.)