Code of Virginia - Title 28.2 Fisheries And Habitat Of The Tidal Waters - Section 28.2-1320 Penalties

§ 28.2-1320. Penalties

A. Without limiting the remedies which may be obtained under this chapter, any person who violates any provision of this chapter or who violates or fails, neglects, or refuses to obey any Commission or wetlands board notice, order, rule, regulation, or permit condition authorized by this chapter shall, upon such finding by an appropriate circuit court, be assessed a civil penalty not to exceed $25,000 for each day of violation. Such civil penalties may, at the discretion of the court assessing them, be directed to be paid into the treasury of the county, city, or town in which the violation occurred for the purpose of abating environmental damage to or restoring wetlands therein, in such a manner as the court may, by order, direct, except that where the violator is the county, city, or town itself, or its agent, the court shall direct the penalty to be paid into the state treasury.

B. Without limiting the remedies which may be obtained under this chapter, and with the consent of any person who has violated any provision of this chapter or who has violated or failed, neglected, or refused to obey any Commission or wetlands board order, rule, regulation, or permit condition authorized by this chapter, the Commission or wetlands board may provide, in an order issued by the Commission or wetlands board against such person, for the one-time payment of civil charges for each violation in specific sums, not to exceed $10,000 for each violation. Civil charges shall be in lieu of any appropriate civil penalty which could be imposed under subsection A of this section. Civil charges may be in addition to the cost of any restoration ordered by the Commission or a wetlands board.

(1990, c. 811, § 62.1-13.18:2; 1992, c. 836.)

Sections:  Previous  28.2-1306  28.2-1307  28.2-1308  28.2-1309  28.2-1310  28.2-1311  28.2-1312  28.2-1313  28.2-1314  28.2-1315  28.2-1316  28.2-1317  28.2-1318  28.2-1319  28.2-1320

Last modified: April 3, 2009