§ 3.1-249.70. (Repealed effective October 1, 2008) Penalties; action to enjoin violation; compromise
A. Except as otherwise provided, any person who knowingly violates any provisions of this chapter or regulations promulgated hereunder shall be guilty of a Class 1 misdemeanor and shall be subject to an additional fine of up to $500,000 if death or serious physical harm to any person is caused by the violation.
B. The Commissioner may bring an action to enjoin the violation or threatened violation of any provision of this chapter, or any regulation made pursuant thereto, in the circuit court of the county or city in which the violation occurs or is about to occur, or in the Circuit Court of the City of Richmond if the violation may affect more than one county or city. The Commissioner may request either the attorney for the Commonwealth or the Attorney General to bring action under this section, when appropriate.
C. Any person violating a provision of this chapter or regulations adopted thereunder may be assessed a civil penalty by the Board. In determining the amount of any civil penalty, the Board shall give due consideration to (i) the history of previous violations of the licensee or person, (ii) the seriousness of the violation including any irreparable harm to the environment and any hazards to the health and safety of the public, and (iii) the demonstrated good faith of the licensee or person charged in attempting to 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 violation that is less than serious, not more than $5,000 for a serious violation, and not more than $20,000 for a repeat or knowing violation. The Board may assess an additional penalty of up to $100,000 for any violation which causes serious damage to the environment, serious injury to property, or serious injury to or death of any person.
E. Civil penalties assessed under this section shall be paid into a special fund in the state treasury to the credit of the Department to be used in carrying out the purposes of this chapter. The Commissioner shall prescribe procedures for payment of penalties which are not contested by licensees or persons. The procedures shall include provisions for a licensee or person to consent to abatement of the alleged violation and pay a penalty or negotiated sum in lieu of such penalty without admission of civil liability arising from such alleged violation.
F. The person or business to whom a civil penalty is issued shall have fifteen 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 the civil penalty is upheld, the person or business against whom the civil penalty has been upheld shall have fifteen days to pay the proposed penalty in full, or if the person or business wishes to contest either the amount of the penalty or the fact of the violation, forward the proposed amount to the Commission's office for placement in an interest-bearing trust account in the State Treasurer's office. If through administrative or judicial review of the proposed penalty, it is determined that no violation occurred, or that the amount of penalty should be reduced, the Commissioner shall within thirty days of that determination remit the appropriate amount to the person or business with interest accrued thereon. If the violation is upheld, the amount collected shall be paid into a special fund in the state treasury to the credit of the Department as provided in § 3.1-249.34.
Final orders of the Board may be recorded, enforced and satisfied as orders or decrees of a circuit court upon certification of such orders by the secretary of the Board. Such orders may be appealed in accordance with the provisions 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.)
Sections: Previous 3.1-249.63 3.1-249.64 3.1-249.65 3.1-249.66 3.1-249.67 3.1-249.68 3.1-249.69 3.1-249.70 3.1-249.71 3.1-249.72 3.1-249.73 3.1-249.74 3.1-249.75 3.1-249.76 3.1-249.77 NextLast modified: April 16, 2009