A. Any person violating or failing, neglecting, or refusing to obey anyprovision of this article, any regulation, case decision, or order, or anycertification or permit-by-rule condition may be compelled to comply byinjunction, mandamus, or other appropriate remedy.
B. Without limiting the remedies that may be obtained under subsection A, anyperson violating or failing, neglecting, or refusing to obey any regulation,case decision, or order, any provision of this article, or any certificationor permit-by-rule condition shall be subject, in the discretion of the court,to a civil penalty not to exceed $32,500 for each violation. Each day ofviolation shall constitute a separate offense. Such civil penalties shall bepaid into the state treasury and deposited by the State Treasurer into theVirginia Environmental Emergency Response Fund pursuant to Chapter 25 (§10.1-2500 et seq.). Such civil penalties may, in the discretion of the courtassessing them, be directed to be paid into the treasury of the county, city,or town in which the violation occurred, to be used to abate environmentalpollution in such manner as the court may, by order, direct, except thatwhere the person in violation is the county, city, or town itself, or itsagent, the court shall direct the penalty to be paid into the state treasuryand deposited by the State Treasurer into the Virginia EnvironmentalEmergency Response Fund pursuant to Chapter 25.
C. 1. Nothing in this article shall affect the enforcement authorities inlaws administered by the State Air Pollution Control Board, the State WaterControl Board, or the Virginia Waste Management Board, nor shall it affectenforcement authorities of the Department as described in § 10.1-1186.
2. The Department is authorized to issue orders to require any person tocomply with the provisions of this article, any condition of a permit by ruleor certification, or any regulations promulgated by the Department or tocomply with any order or case decision, as defined in § 2.2-4001, of theDepartment. Any such order shall be issued only after a proceeding or hearingin accordance with § 2.2-4019 or 2.2-4020 with reasonable notice to theaffected person of the time, place and purpose thereof. The provisions ofthis section shall not affect the authority of the Department to issueseparate orders and regulations to meet any emergency as described insubsection C 5.
3. With the consent of any person who has violated or failed, neglected orrefused to obey any regulation or order of the Department, any condition of apermit by rule, certification or any provision of this article, theDepartment may provide, in an order issued by the Department against suchperson, for the payment of civil charges for past violations in specificsums, not to exceed the limits specified in this section. Such civil chargesshall be levied instead of any appropriate civil penalty, which could beimposed under this section. Such civil charges shall be paid into the statetreasury and deposited by the State Treasurer into the Virginia EnvironmentalEmergency Response Fund pursuant to Chapter 25 of this title.
4. In addition to all other available remedies, the Department may issueadministrative orders for the violation of (i) any law or regulationadministered by the Department; (ii) any condition of a permit by rule orcertificate issued pursuant to this article; or (iii) any case decision ororder of the Department. Issuance of an administrative order shall be a casedecision as defined in § 2.2-4001 and shall be issued only after a hearingbefore a hearing officer appointed by the Supreme Court in accordance with §2.2-4020. Orders issued pursuant to this subsection may include civilpenalties of up to $32,500 per violation not to exceed $100,000 per order,and may compel the taking of corrective actions or the cessation of anyactivity upon which the order is based. The Department may assess penaltiesunder this subsection if (a) the person has been issued at least two writtennotices of alleged violation by the Department for the same or substantiallyrelated violations at the same site, (b) such violations have not beenresolved by demonstration that there was no violation, by an order issued bythe Department or the Director, or by other means, (c) at least 130 days havepassed since the issuance of the first notice of alleged violation, and (d)there is a finding that such violations have occurred after a hearingconducted in accordance with this subsection. The actual amount of anypenalty assessed shall be based upon the severity of the violations, theextent of any potential or actual environmental harm, the compliance historyof the facility or person, any economic benefit realized from thenoncompliance, and the ability of the person to pay the penalty. TheDepartment shall provide the person with the calculation for the proposedpenalty prior to any hearing conducted for the issuance of an order thatassesses penalties pursuant to this subsection. Penalties shall be paid tothe state treasury and deposited by the State Treasurer into the VirginiaEnvironmental Emergency Response Fund (§ 10.1-2500 et seq.). The issuance ofa notice of alleged violation by the Department shall not be considered acase decision as defined in § 2.2-4001. Any notice of alleged violation shallinclude a description of each violation, the specific provision of lawviolated, and information on the process for obtaining a final decision orfact finding from the Department on whether or not a violation has occurred,and nothing in this section shall preclude an owner from seeking such adetermination. Orders issued pursuant to this subsection shall becomeeffective five days after having been delivered to the affected persons ormailed by certified mail to the last known address of such persons. TheDepartment shall develop and provide an opportunity for public comment onguidelines and procedures that contain specific criteria for calculating theappropriate penalty for each violation based upon the severity of theviolations, the extent of any potential or actual environmental harm, thecompliance history of the facility or person, any economic benefit realizedfrom the noncompliance, and the ability of the person to pay the penalty.
5. Should the Department find that any person is grossly affecting the publichealth, safety or welfare, or the health of animals, fish or aquatic life orthe environment, or such effects are imminent, the Department shall issue,without a hearing, an emergency administrative order directing the person tocease the activity immediately and undertake any needed corrective action,and shall within 10 days hold a hearing, after reasonable notice as to thetime and place thereof to the person, to affirm, modify, amend or cancel theemergency administrative order. If the Department finds that a person who hasbeen issued an administrative order or an emergency administrative order isnot complying with the order's terms, the Department may utilize theenforcement and penalty provisions of this article to secure compliance.
6. The Department shall be entitled to an award of reasonable attorneys' feesand costs in any action brought by the Department under this article in whichit substantially prevails on the merits of the case, unless specialcircumstances would make an award unjust.
D. Any person willfully violating or refusing, failing, or neglecting tocomply with any provision of this article or any regulation, permit by rule,order, or certification under this article shall be guilty of a Class 1misdemeanor unless a different penalty is specified.
E. In addition to the penalties provided above, any person who knowinglyviolates or refuses, fails, or neglects to comply with any provision of thisarticle or any regulation, permit by rule, order, or certification under thisarticle shall be guilty of a felony punishable by a term of imprisonment ofnot less than one year nor more than five years and a fine of not more than$32,500 for each violation, either or both. The provisions of this subsectionshall be deemed to constitute a lesser included offense of the violation setforth under subsection F.
F. Any person who knowingly violates or refuses, fails, or neglects to complywith any provision of this article or any regulation, permit by rule, order,or certification under this article and who knows at the time that he therebyplaces another person in imminent danger of death or serious bodily injury,shall, upon conviction, be guilty of a felony punishable by a term ofimprisonment of not less than two years nor more than 15 years and a fine ofnot more than $250,000, either or both. A defendant that is not an individualshall, upon conviction of violating this section, be subject to a fine notexceeding the greater of $1 million or an amount that is three times theeconomic benefit realized by the defendant as a result of the offense. Themaximum penalty shall be doubled with respect to both fine and imprisonmentfor any subsequent conviction of the same person.
G. Criminal prosecutions under this article shall be commenced within threeyears after discovery of the offense, notwithstanding the provisions of anyother statute.
A. Any person violating or failing, neglecting, or refusing to obey anyprovision of this article, any regulation, case decision, or order, or anycertification or permit-by-rule condition may be compelled to comply byinjunction, mandamus, or other appropriate remedy.
B. Without limiting the remedies that may be obtained under subsection A, anyperson violating or failing, neglecting, or refusing to obey any regulation,case decision, or order, any provision of this article, or any certificationor permit-by-rule condition shall be subject, in the discretion of the court,to a civil penalty not to exceed $32,500 for each violation. Each day ofviolation shall constitute a separate offense. Such civil penalties shall bepaid into the state treasury and deposited by the State Treasurer into theVirginia Environmental Emergency Response Fund pursuant to Chapter 25 (§10.1-2500 et seq.). Such civil penalties may, in the discretion of the courtassessing them, be directed to be paid into the treasury of the county, city,or town in which the violation occurred, to be used to abate environmentalpollution in such manner as the court may, by order, direct, except thatwhere the person in violation is the county, city, or town itself, or itsagent, the court shall direct the penalty to be paid into the state treasuryand deposited by the State Treasurer into the Virginia EnvironmentalEmergency Response Fund pursuant to Chapter 25.
C. 1. Nothing in this article shall affect the enforcement authorities inlaws administered by the State Air Pollution Control Board, the State WaterControl Board, or the Virginia Waste Management Board, nor shall it affectenforcement authorities of the Department as described in § 10.1-1186.
2. The Department is authorized to issue orders to require any person tocomply with the provisions of this article, any condition of a permit by ruleor certification, or any regulations promulgated by the Department or tocomply with any order or case decision, as defined in § 2.2-4001, of theDepartment. Any such order shall be issued only after a proceeding or hearingin accordance with § 2.2-4019 or 2.2-4020 with reasonable notice to theaffected person of the time, place and purpose thereof. The provisions ofthis section shall not affect the authority of the Department to issueseparate orders and regulations to meet any emergency as described insubsection C 5.
3. With the consent of any person who has violated or failed, neglected orrefused to obey any regulation or order of the Department, any condition of apermit by rule, certification or any provision of this article, theDepartment may provide, in an order issued by the Department against suchperson, for the payment of civil charges for past violations in specificsums, not to exceed the limits specified in this section. Such civil chargesshall be levied instead of any appropriate civil penalty, which could beimposed under this section. Such civil charges shall be paid into the statetreasury and deposited by the State Treasurer into the Virginia EnvironmentalEmergency Response Fund pursuant to Chapter 25 of this title.
4. In addition to all other available remedies, the Department may issueadministrative orders for the violation of (i) any law or regulationadministered by the Department; (ii) any condition of a permit by rule orcertificate issued pursuant to this article; or (iii) any case decision ororder of the Department. Issuance of an administrative order shall be a casedecision as defined in § 2.2-4001 and shall be issued only after a hearingbefore a hearing officer appointed by the Supreme Court in accordance with §2.2-4020. Orders issued pursuant to this subsection may include civilpenalties of up to $32,500 per violation not to exceed $100,000 per order,and may compel the taking of corrective actions or the cessation of anyactivity upon which the order is based. The Department may assess penaltiesunder this subsection if (a) the person has been issued at least two writtennotices of alleged violation by the Department for the same or substantiallyrelated violations at the same site, (b) such violations have not beenresolved by demonstration that there was no violation, by an order issued bythe Department or the Director, or by other means, (c) at least 130 days havepassed since the issuance of the first notice of alleged violation, and (d)there is a finding that such violations have occurred after a hearingconducted in accordance with this subsection. The actual amount of anypenalty assessed shall be based upon the severity of the violations, theextent of any potential or actual environmental harm, the compliance historyof the facility or person, any economic benefit realized from thenoncompliance, and the ability of the person to pay the penalty. TheDepartment shall provide the person with the calculation for the proposedpenalty prior to any hearing conducted for the issuance of an order thatassesses penalties pursuant to this subsection. Penalties shall be paid tothe state treasury and deposited by the State Treasurer into the VirginiaEnvironmental Emergency Response Fund (§ 10.1-2500 et seq.). The issuance ofa notice of alleged violation by the Department shall not be considered acase decision as defined in § 2.2-4001. Any notice of alleged violation shallinclude a description of each violation, the specific provision of lawviolated, and information on the process for obtaining a final decision orfact finding from the Department on whether or not a violation has occurred,and nothing in this section shall preclude an owner from seeking such adetermination. Orders issued pursuant to this subsection shall becomeeffective five days after having been delivered to the affected persons ormailed by certified mail to the last known address of such persons. TheDepartment shall develop and provide an opportunity for public comment onguidelines and procedures that contain specific criteria for calculating theappropriate penalty for each violation based upon the severity of theviolations, the extent of any potential or actual environmental harm, thecompliance history of the facility or person, any economic benefit realizedfrom the noncompliance, and the ability of the person to pay the penalty.
5. Should the Department find that any person is grossly affecting the publichealth, safety or welfare, or the health of animals, fish or aquatic life orthe environment, or such effects are imminent, the Department shall issue,without a hearing, an emergency administrative order directing the person tocease the activity immediately and undertake any needed corrective action,and shall within 10 days hold a hearing, after reasonable notice as to thetime and place thereof to the person, to affirm, modify, amend or cancel theemergency administrative order. If the Department finds that a person who hasbeen issued an administrative order or an emergency administrative order isnot complying with the order's terms, the Department may utilize theenforcement and penalty provisions of this article to secure compliance.
6. The Department shall be entitled to an award of reasonable attorneys' feesand costs in any action brought by the Department under this article in whichit substantially prevails on the merits of the case, unless specialcircumstances would make an award unjust.
D. Any person willfully violating or refusing, failing, or neglecting tocomply with any provision of this article or any regulation, permit by rule,order, or certification under this article shall be guilty of a Class 1misdemeanor unless a different penalty is specified.
E. In addition to the penalties provided above, any person who knowinglyviolates or refuses, fails, or neglects to comply with any provision of thisarticle or any regulation, permit by rule, order, or certification under thisarticle shall be guilty of a felony punishable by a term of imprisonment ofnot less than one year nor more than five years and a fine of not more than$32,500 for each violation, either or both. The provisions of this subsectionshall be deemed to constitute a lesser included offense of the violation setforth under subsection F.
F. Any person who knowingly violates or refuses, fails, or neglects to complywith any provision of this article or any regulation, permit by rule, order,or certification under this article and who knows at the time that he therebyplaces another person in imminent danger of death or serious bodily injury,shall, upon conviction, be guilty of a felony punishable by a term ofimprisonment of not less than two years nor more than 15 years and a fine ofnot more than $250,000, either or both. A defendant that is not an individualshall, upon conviction of violating this section, be subject to a fine notexceeding the greater of $1 million or an amount that is three times theeconomic benefit realized by the defendant as a result of the offense. Themaximum penalty shall be doubled with respect to both fine and imprisonmentfor any subsequent conviction of the same person.
G. Criminal prosecutions under this article shall be commenced within threeyears after discovery of the offense, notwithstanding the provisions of anyother statute.
A. Any person violating or failing, neglecting, or refusing to obey anyprovision of this article, any regulation, case decision, or order, or anycertification or permit-by-rule condition may be compelled to comply byinjunction, mandamus, or other appropriate remedy.
B. Without limiting the remedies that may be obtained under subsection A, anyperson violating or failing, neglecting, or refusing to obey any regulation,case decision, or order, any provision of this article, or any certificationor permit-by-rule condition shall be subject, in the discretion of the court,to a civil penalty not to exceed $32,500 for each violation. Each day ofviolation shall constitute a separate offense. Such civil penalties shall bepaid into the state treasury and deposited by the State Treasurer into theVirginia Environmental Emergency Response Fund pursuant to Chapter 25 (§10.1-2500 et seq.). Such civil penalties may, in the discretion of the courtassessing them, be directed to be paid into the treasury of the county, city,or town in which the violation occurred, to be used to abate environmentalpollution in such manner as the court may, by order, direct, except thatwhere the person in violation is the county, city, or town itself, or itsagent, the court shall direct the penalty to be paid into the state treasuryand deposited by the State Treasurer into the Virginia EnvironmentalEmergency Response Fund pursuant to Chapter 25.
C. 1. Nothing in this article shall affect the enforcement authorities inlaws administered by the State Air Pollution Control Board, the State WaterControl Board, or the Virginia Waste Management Board, nor shall it affectenforcement authorities of the Department as described in § 10.1-1186.
2. The Department is authorized to issue orders to require any person tocomply with the provisions of this article, any condition of a permit by ruleor certification, or any regulations promulgated by the Department or tocomply with any order or case decision, as defined in § 2.2-4001, of theDepartment. Any such order shall be issued only after a proceeding or hearingin accordance with § 2.2-4019 or 2.2-4020 with reasonable notice to theaffected person of the time, place and purpose thereof. The provisions ofthis section shall not affect the authority of the Department to issueseparate orders and regulations to meet any emergency as described insubsection C 5.
3. With the consent of any person who has violated or failed, neglected orrefused to obey any regulation or order of the Department, any condition of apermit by rule, certification or any provision of this article, theDepartment may provide, in an order issued by the Department against suchperson, for the payment of civil charges for past violations in specificsums, not to exceed the limits specified in this section. Such civil chargesshall be levied instead of any appropriate civil penalty, which could beimposed under this section. Such civil charges shall be paid into the statetreasury and deposited by the State Treasurer into the Virginia EnvironmentalEmergency Response Fund pursuant to Chapter 25 of this title.
4. In addition to all other available remedies, the Department may issueadministrative orders for the violation of (i) any law or regulationadministered by the Department; (ii) any condition of a permit by rule orcertificate issued pursuant to this article; or (iii) any case decision ororder of the Department. Issuance of an administrative order shall be a casedecision as defined in § 2.2-4001 and shall be issued only after a hearingbefore a hearing officer appointed by the Supreme Court in accordance with §2.2-4020. Orders issued pursuant to this subsection may include civilpenalties of up to $32,500 per violation not to exceed $100,000 per order,and may compel the taking of corrective actions or the cessation of anyactivity upon which the order is based. The Department may assess penaltiesunder this subsection if (a) the person has been issued at least two writtennotices of alleged violation by the Department for the same or substantiallyrelated violations at the same site, (b) such violations have not beenresolved by demonstration that there was no violation, by an order issued bythe Department or the Director, or by other means, (c) at least 130 days havepassed since the issuance of the first notice of alleged violation, and (d)there is a finding that such violations have occurred after a hearingconducted in accordance with this subsection. The actual amount of anypenalty assessed shall be based upon the severity of the violations, theextent of any potential or actual environmental harm, the compliance historyof the facility or person, any economic benefit realized from thenoncompliance, and the ability of the person to pay the penalty. TheDepartment shall provide the person with the calculation for the proposedpenalty prior to any hearing conducted for the issuance of an order thatassesses penalties pursuant to this subsection. Penalties shall be paid tothe state treasury and deposited by the State Treasurer into the VirginiaEnvironmental Emergency Response Fund (§ 10.1-2500 et seq.). The issuance ofa notice of alleged violation by the Department shall not be considered acase decision as defined in § 2.2-4001. Any notice of alleged violation shallinclude a description of each violation, the specific provision of lawviolated, and information on the process for obtaining a final decision orfact finding from the Department on whether or not a violation has occurred,and nothing in this section shall preclude an owner from seeking such adetermination. Orders issued pursuant to this subsection shall becomeeffective five days after having been delivered to the affected persons ormailed by certified mail to the last known address of such persons. TheDepartment shall develop and provide an opportunity for public comment onguidelines and procedures that contain specific criteria for calculating theappropriate penalty for each violation based upon the severity of theviolations, the extent of any potential or actual environmental harm, thecompliance history of the facility or person, any economic benefit realizedfrom the noncompliance, and the ability of the person to pay the penalty.
5. Should the Department find that any person is grossly affecting the publichealth, safety or welfare, or the health of animals, fish or aquatic life orthe environment, or such effects are imminent, the Department shall issue,without a hearing, an emergency administrative order directing the person tocease the activity immediately and undertake any needed corrective action,and shall within 10 days hold a hearing, after reasonable notice as to thetime and place thereof to the person, to affirm, modify, amend or cancel theemergency administrative order. If the Department finds that a person who hasbeen issued an administrative order or an emergency administrative order isnot complying with the order's terms, the Department may utilize theenforcement and penalty provisions of this article to secure compliance.
6. The Department shall be entitled to an award of reasonable attorneys' feesand costs in any action brought by the Department under this article in whichit substantially prevails on the merits of the case, unless specialcircumstances would make an award unjust.
D. Any person willfully violating or refusing, failing, or neglecting tocomply with any provision of this article or any regulation, permit by rule,order, or certification under this article shall be guilty of a Class 1misdemeanor unless a different penalty is specified.
E. In addition to the penalties provided above, any person who knowinglyviolates or refuses, fails, or neglects to comply with any provision of thisarticle or any regulation, permit by rule, order, or certification under thisarticle shall be guilty of a felony punishable by a term of imprisonment ofnot less than one year nor more than five years and a fine of not more than$32,500 for each violation, either or both. The provisions of this subsectionshall be deemed to constitute a lesser included offense of the violation setforth under subsection F.
F. Any person who knowingly violates or refuses, fails, or neglects to complywith any provision of this article or any regulation, permit by rule, order,or certification under this article and who knows at the time that he therebyplaces another person in imminent danger of death or serious bodily injury,shall, upon conviction, be guilty of a felony punishable by a term ofimprisonment of not less than two years nor more than 15 years and a fine ofnot more than $250,000, either or both. A defendant that is not an individualshall, upon conviction of violating this section, be subject to a fine notexceeding the greater of $1 million or an amount that is three times theeconomic benefit realized by the defendant as a result of the offense. Themaximum penalty shall be doubled with respect to both fine and imprisonmentfor any subsequent conviction of the same person.
G. Criminal prosecutions under this article shall be commenced within threeyears after discovery of the offense, notwithstanding the provisions of anyother statute.
