§ 10.1-569. Penalties, injunctions and other legal actions.
A. Violators of §§ 10.1-563, 10.1-564 or § 10.1-566 shall be guilty of aClass 1 misdemeanor.
B. If a locality has adopted an ordinance establishing a uniform schedule ofcivil penalties as permitted by subsection J of § 10.1-562, any person whoviolates any regulation or order of the Board, any condition of a permit, anyprovision of its program, or any provision of this article shall, upon afinding of an appropriate general district court, be assessed a civil penaltyin accordance with the schedule. The erosion and sediment controladministrator, his deputy or a certified inspector for the locality whereinthe land lies may issue a summons for collection of the civil penalty and theaction may be prosecuted by the locality wherein the land lies. In any trialfor a scheduled violation, it shall be the burden of the locality to show theliability of the violator by a preponderance of the evidence. An admission orfinding of liability shall not be a criminal conviction for any purpose. Anycivil penalties assessed by a court shall be paid into the treasury of thelocality wherein the land lies, except that where the violator is thelocality itself, or its agent, the court shall direct the penalty to be paidinto the state treasury.
C. The appropriate permit-issuing authority, the program authority, theBoard, or the owner of property which has sustained damage or which is inimminent danger of being damaged, may apply to the circuit court in anyjurisdiction wherein the land lies to enjoin a violation or a threatenedviolation under §§ 10.1-563, 10.1-564 or § 10.1-566 without the necessity ofshowing that an adequate remedy at law does not exist; however, an owner ofproperty shall not apply for injunctive relief unless (i) he has notified inwriting the person who has violated the local program, and the programauthority, that a violation of the local program has caused, or creates aprobability of causing, damage to his property, and (ii) neither the personwho has violated the local program nor the program authority has takencorrective action within fifteen days to eliminate the conditions which havecaused, or create the probability of causing, damage to his property.
D. In addition to any criminal or civil penalties provided under thischapter, any person who violates any provision of this chapter may be liableto the program authority, or the Board, as appropriate, in a civil action fordamages.
E. Without limiting the remedies which may be obtained in this section, anyperson violating or failing, neglecting or refusing to obey any injunction,mandamus or other remedy obtained pursuant to this section shall be subject,in the discretion of the court, to a civil penalty not to exceed $2,000 foreach violation. A civil action for such violation or failure may be broughtby the locality wherein the land lies. Any civil penalties assessed by acourt shall be paid into the treasury of the locality wherein the land lies,except that where the violator is the locality itself, or its agent, thecourt shall direct the penalty to be paid into the state treasury.
F. With the consent of any person who has violated or failed, neglected orrefused to obey any regulation or order of the Board, or any condition of apermit or any provision of this article, the Board, the Director, orplan-approving or permit-issuing authority may provide, in an order issued bythe Board or plan-approving or permit-issuing authority against such person,for the payment of civil charges for violations in specific sums, not toexceed the limit specified in subsection E of this section. Such civilcharges shall be instead of any appropriate civil penalty which could beimposed under subsection B or E.
G. Upon request of a program authority, or the permit-issuing authority, theattorney for the Commonwealth shall take legal action to enforce theprovisions of this article. Upon request of the Board, the Attorney Generalshall take appropriate legal action on behalf of the Board to enforce theprovisions of this article.
H. Compliance with the provisions of this article shall be prima facieevidence in any legal or equitable proceeding for damages caused by erosionor sedimentation that all requirements of law have been met and thecomplaining party must show negligence in order to recover any damages.
(1973, c. 486, § 21-89.11; 1988, cc. 694, 891; 1992, c. 298; 1993, c. 925;1995, c. 832; 1996, c. 518.)
§ 10.1-569. Penalties, injunctions and other legal actions.
A. Violators of §§ 10.1-563, 10.1-564 or § 10.1-566 shall be guilty of aClass 1 misdemeanor.
B. If a locality has adopted an ordinance establishing a uniform schedule ofcivil penalties as permitted by subsection J of § 10.1-562, any person whoviolates any regulation or order of the Board, any condition of a permit, anyprovision of its program, or any provision of this article shall, upon afinding of an appropriate general district court, be assessed a civil penaltyin accordance with the schedule. The erosion and sediment controladministrator, his deputy or a certified inspector for the locality whereinthe land lies may issue a summons for collection of the civil penalty and theaction may be prosecuted by the locality wherein the land lies. In any trialfor a scheduled violation, it shall be the burden of the locality to show theliability of the violator by a preponderance of the evidence. An admission orfinding of liability shall not be a criminal conviction for any purpose. Anycivil penalties assessed by a court shall be paid into the treasury of thelocality wherein the land lies, except that where the violator is thelocality itself, or its agent, the court shall direct the penalty to be paidinto the state treasury.
C. The appropriate permit-issuing authority, the program authority, theBoard, or the owner of property which has sustained damage or which is inimminent danger of being damaged, may apply to the circuit court in anyjurisdiction wherein the land lies to enjoin a violation or a threatenedviolation under §§ 10.1-563, 10.1-564 or § 10.1-566 without the necessity ofshowing that an adequate remedy at law does not exist; however, an owner ofproperty shall not apply for injunctive relief unless (i) he has notified inwriting the person who has violated the local program, and the programauthority, that a violation of the local program has caused, or creates aprobability of causing, damage to his property, and (ii) neither the personwho has violated the local program nor the program authority has takencorrective action within fifteen days to eliminate the conditions which havecaused, or create the probability of causing, damage to his property.
D. In addition to any criminal or civil penalties provided under thischapter, any person who violates any provision of this chapter may be liableto the program authority, or the Board, as appropriate, in a civil action fordamages.
E. Without limiting the remedies which may be obtained in this section, anyperson violating or failing, neglecting or refusing to obey any injunction,mandamus or other remedy obtained pursuant to this section shall be subject,in the discretion of the court, to a civil penalty not to exceed $2,000 foreach violation. A civil action for such violation or failure may be broughtby the locality wherein the land lies. Any civil penalties assessed by acourt shall be paid into the treasury of the locality wherein the land lies,except that where the violator is the locality itself, or its agent, thecourt shall direct the penalty to be paid into the state treasury.
F. With the consent of any person who has violated or failed, neglected orrefused to obey any regulation or order of the Board, or any condition of apermit or any provision of this article, the Board, the Director, orplan-approving or permit-issuing authority may provide, in an order issued bythe Board or plan-approving or permit-issuing authority against such person,for the payment of civil charges for violations in specific sums, not toexceed the limit specified in subsection E of this section. Such civilcharges shall be instead of any appropriate civil penalty which could beimposed under subsection B or E.
G. Upon request of a program authority, or the permit-issuing authority, theattorney for the Commonwealth shall take legal action to enforce theprovisions of this article. Upon request of the Board, the Attorney Generalshall take appropriate legal action on behalf of the Board to enforce theprovisions of this article.
H. Compliance with the provisions of this article shall be prima facieevidence in any legal or equitable proceeding for damages caused by erosionor sedimentation that all requirements of law have been met and thecomplaining party must show negligence in order to recover any damages.
(1973, c. 486, § 21-89.11; 1988, cc. 694, 891; 1992, c. 298; 1993, c. 925;1995, c. 832; 1996, c. 518.)
§ 10.1-569. Penalties, injunctions and other legal actions.
A. Violators of §§ 10.1-563, 10.1-564 or § 10.1-566 shall be guilty of aClass 1 misdemeanor.
B. If a locality has adopted an ordinance establishing a uniform schedule ofcivil penalties as permitted by subsection J of § 10.1-562, any person whoviolates any regulation or order of the Board, any condition of a permit, anyprovision of its program, or any provision of this article shall, upon afinding of an appropriate general district court, be assessed a civil penaltyin accordance with the schedule. The erosion and sediment controladministrator, his deputy or a certified inspector for the locality whereinthe land lies may issue a summons for collection of the civil penalty and theaction may be prosecuted by the locality wherein the land lies. In any trialfor a scheduled violation, it shall be the burden of the locality to show theliability of the violator by a preponderance of the evidence. An admission orfinding of liability shall not be a criminal conviction for any purpose. Anycivil penalties assessed by a court shall be paid into the treasury of thelocality wherein the land lies, except that where the violator is thelocality itself, or its agent, the court shall direct the penalty to be paidinto the state treasury.
C. The appropriate permit-issuing authority, the program authority, theBoard, or the owner of property which has sustained damage or which is inimminent danger of being damaged, may apply to the circuit court in anyjurisdiction wherein the land lies to enjoin a violation or a threatenedviolation under §§ 10.1-563, 10.1-564 or § 10.1-566 without the necessity ofshowing that an adequate remedy at law does not exist; however, an owner ofproperty shall not apply for injunctive relief unless (i) he has notified inwriting the person who has violated the local program, and the programauthority, that a violation of the local program has caused, or creates aprobability of causing, damage to his property, and (ii) neither the personwho has violated the local program nor the program authority has takencorrective action within fifteen days to eliminate the conditions which havecaused, or create the probability of causing, damage to his property.
D. In addition to any criminal or civil penalties provided under thischapter, any person who violates any provision of this chapter may be liableto the program authority, or the Board, as appropriate, in a civil action fordamages.
E. Without limiting the remedies which may be obtained in this section, anyperson violating or failing, neglecting or refusing to obey any injunction,mandamus or other remedy obtained pursuant to this section shall be subject,in the discretion of the court, to a civil penalty not to exceed $2,000 foreach violation. A civil action for such violation or failure may be broughtby the locality wherein the land lies. Any civil penalties assessed by acourt shall be paid into the treasury of the locality wherein the land lies,except that where the violator is the locality itself, or its agent, thecourt shall direct the penalty to be paid into the state treasury.
F. With the consent of any person who has violated or failed, neglected orrefused to obey any regulation or order of the Board, or any condition of apermit or any provision of this article, the Board, the Director, orplan-approving or permit-issuing authority may provide, in an order issued bythe Board or plan-approving or permit-issuing authority against such person,for the payment of civil charges for violations in specific sums, not toexceed the limit specified in subsection E of this section. Such civilcharges shall be instead of any appropriate civil penalty which could beimposed under subsection B or E.
G. Upon request of a program authority, or the permit-issuing authority, theattorney for the Commonwealth shall take legal action to enforce theprovisions of this article. Upon request of the Board, the Attorney Generalshall take appropriate legal action on behalf of the Board to enforce theprovisions of this article.
H. Compliance with the provisions of this article shall be prima facieevidence in any legal or equitable proceeding for damages caused by erosionor sedimentation that all requirements of law have been met and thecomplaining party must show negligence in order to recover any damages.
(1973, c. 486, § 21-89.11; 1988, cc. 694, 891; 1992, c. 298; 1993, c. 925;1995, c. 832; 1996, c. 518.)
